`Tel: 571-272-7822
`
`
`
`
`IPR2017-00350, Paper 40
`IPR2017-00351, Paper 40
`IPR2017-00352, Paper 41
`Entered: May 21, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`FREDMAN BROS. FURNITURE COMPANY, INC.,
`Petitioner,
`v.
`BEDGEAR, LLC,
`Patent Owner.
`_______________
`
`Cases1
` IPR2017-00350 (Patent 8,887,332 B2);
` IPR2017-00351 (Patent 9,015,883 B2);
`IPR2017-00352 (Patent 8,646,134 B1)
`_______________
`
`
`Before HYUN J. JUNG, BART A. GERSTENBLITH, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`Granting Joint Motion to Limit the Petition
`37 C.F.R. § 42.5
`
`
`
`
`1 We exercise our discretion to issue one order to be entered in each case.
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2017-00352 (Patent 8,646,134 B1)
`
`
`
`Pursuant to our Order (Paper 38 in IPR2017-00350; Paper 38 in
`IPR2017-00351; Paper 39 in IPR2017-00352), the parties filed a Joint
`Motion to Limit the Petition in each of these proceedings (Paper 39 in
`IPR2017-00350; Paper 39 in IPR2017-00351; Paper 40 in IPR2017-00352)
`(collectively, “Motions” or “Mot.”). In particular, the parties “jointly move
`for an order to limit the grounds in this proceeding to those instituted in
`accordance with the Decision on Institution.” Mot. 1. “The parties reached
`agreement to limit this proceeding to the Originally Instituted Grounds.” Id.
`at 1–2.
`We agree with the parties that trials having been instituted as to all
`challenged claims and the current stage of the proceedings favor granting the
`Motions. Id. at 2. Also, removing grounds from these proceedings, pursuant
`to the joint requests of the parties, serves the Board’s goal of, and the
`parties’ desire for, resolving these proceedings in a just, speedy, and
`inexpensive manner. See id.; 37 C.F.R. § 42.1(b). Accordingly, we grant
`the Joint Motion to Limit the Petition in each of these proceedings. The
`grounds remaining in dispute are identified in the Decisions on Institution.
`See Paper 8, 37–38 in IPR2017-00350; Paper 8, 31–32 in IPR2017-00351;
`Paper 8, 35 in IPR2017-00352.
`It is hereby:
`ORDERED that the Joint Motion to Limit the Petition in each of these
`proceedings is granted; and
`FURTHER ORDERED that the Petitions are limited to the grounds
`set forth in the Decisions on Institution (Paper 8, 37–38 in IPR2017-00350;
`Paper 8, 31–32 in IPR2017-00351; Paper 8, 35 in IPR2017-00352).
`
` 2
`
`
`
`
`
`
`
`IPR2017-00350 (Patent 8,887,332 B2)
`IPR2017-00351 (Patent 9,015,883 B2)
`IPR2017-00352 (Patent 8,646,134 B1)
`
`
`PETITIONER:
`Jason R. Mudd
`Eric A. Buresh
`ERISE IP
`jason.mudd@eriseip.com
`eric.buresh@eriseip.com
`
`PATENT OWNER:
`Joseph J. Richetti
`Frank Fabiani
`Alexander Walden (pro hac vice)
`BRYAN CAVE LLP
`joe.richetti@bryancave.com
`frank.fabiani@bryancave.com
`alexander.walden@bryancave.com
`
`
`
` 3
`
`
`
`
`
`
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