`Trials@uspto.gov
`571-272-7822 Entered: September 13, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BRIGHT HOUSE NETWORKS, LLC, WIDEOPENWEST FINANCE,
`LLC, KNOLOGY OF FLORIDA, INC., AND BIRCH
`COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-012521
`Patent 8,155,298 B2
`____________
`
`
`Before SALLY C. MEDLEY and BARBARA A. PARVIS, Administrative
`Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`1 This Order addresses the same issues in the inter partes reviews listed in
`the Appendix. Therefore, we issue one Order to be filed in all of the cases.
`The parties, however, are not authorized to use this style of filing in
`subsequent papers.
`
`
`
`Case IPR2016-01252
`Patent 8,155,298 B2
`
`
`I. INTRODUCTION
`
`Petitioner, along with two other petitioners, filed a total of ten
`petitions on three patents assigned to Patent Owner, Focal IP, LLC.
`Appendix (attached). The ten petitions were filed either on June 23, 2016,
`or June 24, 2016. A Notice of Filing Date Accorded to Petition (“Notice”)
`was filed in each one of the proceedings within the first week of July, 2016.
`See, e.g., IPR2016-01252, Paper 6. Each Notice specifies the time for Patent
`Owner to file its preliminary response in each proceeding, which is three
`months from the date of the Notice. Id. Notwithstanding the Notices, this
`order sets forth a new schedule for Patent Owner to file preliminary
`responses in the ten proceedings.
`
`II. DISCUSSION
`
`The decisions on whether to institute inter partes review in the
`
`identified proceedings would be due around January 1, 2017. Taking into
`consideration Federal Holidays and Board resources two weeks prior to
`January 1, 2017, we have determined to modify the due dates for Patent
`Owner to file preliminary responses in the ten proceedings.
`The Board may determine a proper course of conduct in a proceeding
`for any situation not specifically covered by the rules and may enter non-
`final orders to administer a proceeding. 37 C.F.R. § 42.5(a). Based on the
`records of these proceedings, we exercise our discretion to alter the due
`dates for Patent Owner’s preliminary responses. Patent Owner’s preliminary
`responses are due in accordance with the Appendix attached to this order.
`
`2
`
`
`
`Case IPR2016-01252
`Patent 8,155,298 B2
`
`
`III. ORDER
`
`Upon consideration of the record before us, it is
`
`ORDERED that notwithstanding the dates specified in the Notices
`
`filed in the identified proceedings, Patent Owner may file a preliminary
`response in the proceedings in accordance with the Appendix due dates
`attached to this Order; and
`
`FURTHER ORDERED that if Patent Owner wants to file any
`preliminary response for any of the proceedings listed in the Appendix prior
`to the due dates listed there, Patent Owner must arrange a conference call
`with opposing counsel and the Board.
`
`
`3
`
`
`
`APPENDIX2
`
`
`Patent Owner Preliminary
`Response Due Date
`
`October 19, 2016
`
`October 26, 2016
`
`October 12, 2016
`
`Inter Partes
`Review
`IPR2016-01258
`IPR2016-01262
`IPR2016-01252
`IPR2016-01256
`IPR2016-01259
`IPR2016-01263
`IPR2016-01254
`IPR2016-01257
`IPR2016-01260
`IPR2016-01261
`
`
`
`Case IPR2016-01252
`Patent 8,155,298 B2
`
`
`U.S. Patent No.
`
`7,764,777 B2
`
`8,155,298 B2
`
`8,457,113 B2
`
`
`
`
`2 Bright House Networks, LLC, WideOpenWest Finance, LLC, Knology of
`Florida, Inc., and Birch Communications are Petitioner in IPR2016-01252, -
`01259, -01263, -01261, and -01262.
`YMax Corporation is Petitioner in IPR2016-01256, -01258, and -01260.
`Cisco Systems, Inc. is Petitioner in IPR2016-01254 and -01257.
`
`4
`
`
`
`
`
`5
`
`Case IPR2016-01252
`Patent 8,155,298 B2
`
`FOR PETITIONER:
`Wayne Stacy
`Britton Davis
`COOLEY LLP
`wstacy@cooley.com
`bdavis@cooley.com
`zCisco-PAL-IPR@cooley.com
`
`Mark Passler
`AKERMAN LLP
`ip@akerman.com
`
`Patrick McPherson
`Christopher Tyson
`DUANE MORRIS LLP
`pdmcpherson@duanemorris.com
`cjtyson@duanemorris.com
`
`FOR PATENT OWNER:
`
`Brent Bumgardner
`John Murphy
`NELSON BUMGARDNER, P.C.
`bbumgardner@nbclaw.net
`murphy@nelbum.com
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