`571-272-7822
`
`
`
`
`
`
`Paper No. 18
`Filed: August 3, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WHATSAPP INC,
`Petitioner,
`
`v.
`
`TRIPLAY, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01659 (Patent 9,049,574 B2)
`Case IPR2016-01660 (Patent 9,049,574 B2)
`Case IPR2016-01661 (Patent 9,055,416 B2)
` Case IPR2016-01662(Patent 9,055,416 B2) 1
`
`____________
`
`
`Before THU A. DANG, JOSIAH C. COCKS, and MICHAEL R. ZECHER,
`Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5(a)
`
`
`
`
`1 This Order pertains to all noted proceedings. We exercise our discretion to
`issue a single Order for entry in each proceeding. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2016-01659 (Patent 9,049,574 B2)
`IPR2016-01660 (Patent 9,049,574 B2)
`IPR2016-01661 (Patent 9,055,416 B2)
`IPR2016-01662 (Patent 9,055,416 B2)
`
`
`1. Introduction
`
`A conference call was held on August 1, 2017, between counsel for
`the respective parties and Judges Dang, Cocks, and Zecher. Petitioner,
`WhatsApp Inc., was represented by Heidi Keefe. Patent Owner, Triplay,
`Inc., was represented by Barry Schindler. The purpose of the call was to
`discuss Patent Owner’s decision not to file Patent Owner Responses in any
`of the four noted proceedings.
`
`2. Discussion
`
`During the call, we advised the parties that Patent Owner’s decision
`not to file a Patent Owner Response in any of the proceedings involved here
`means that Patent Owner has forgone the opportunity to submit briefing that
`challenges the arguments and supporting evidence presented in each Petition
`as a part of the trials that were instituted in the four pertinent inter partes
`reviews. In that respect, the records now before the panel reflect that the
`arguments and supporting evidence presented in each Petition stand
`unopposed as a part of the trials that were instituted. When queried, both
`parties expressed that they understood such to be the case.
`Also during the call, the parties expressed that given the
`circumstances now present in each proceeding there would be no need for
`any further filings as laid out in the Scheduling Order (Paper 8 in each case).
`
`2
`
`
`
`IPR2016-01659 (Patent 9,049,574 B2)
`IPR2016-01660 (Patent 9,049,574 B2)
`IPR2016-01661 (Patent 9,055,416 B2)
`IPR2016-01662 (Patent 9,055,416 B2)
`
`Each party further represented that, under these particular circumstances,
`they are not, and will not be, requesting oral argument.
`
`3. Orders
`
`It is
`ORDERED that, because there is no need for any further filings in
`any of the four noted proceedings, Due Dates 1–7 of the Scheduling Order
`(Paper 8 in each case) are hereby waived; and
`FURTHER ORDERED that the panel will proceed to a Final Written
`Decision in each proceeding based on the current record.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2016-01659 (Patent 9,049,574 B2)
`IPR2016-01660 (Patent 9,049,574 B2)
`IPR2016-01661 (Patent 9,055,416 B2)
`IPR2016-01662 (Patent 9,055,416 B2)
`
`
`
`PETITIONER:
`
`Heidi L. Keefe
`hkeefe@cooley.com
`zpatdcdocketing@cooley.com
`
`Andrew C. Mace
`amace@cooley.com
`
`Jennifer H. Volk
`jvolkfortier@cooley.com
`
` PATENT OWNER:
`
`Barry Schindler
`schindlerb@gtlaw.com
`
`Jeremy J. Monaldo
`monaldo@fr.com
`
`Lennie Bersh
`bershl@gtlaw.com
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
