`571–272–7822
`
`
`
`
`Paper 25
`Entered: May 11, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE LLC, MICROSOFT CORPORATION, and
`MICROSOFT MOBILE INC.,
`Petitioner,
`
`v.
`
`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
`____________
`
`Case IPR2017-004471
`Patent 7,529,806 B1
`_______________
`
`
`Before KEVIN F. TURNER, ROBERT J. WEINSCHENK, and
`KAMRAN JIVANI, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`1 Microsoft Corporation and Microsoft Mobile Inc. (“Microsoft”) filed a
`petition in IPR2017-01754, and Microsoft has been joined to the instant
`proceeding.
`
`
`
`IPR2017-00447
`Patent 7,529,806 B1
`
`
`On April 24, 2018, the Supreme Court held that a decision to institute
`under 35 U.S.C. § 314 may not institute on less than all claims challenged in
`the petition. SAS Inst., Inc. v. Iancu, 2018 WL 1914661, at *10 (U.S.
`Apr. 24, 2018). In our Decision on Institution, we determined that Petitioner
`demonstrated a reasonable likelihood that it would establish that at least one
`of the challenged claims of the ’806 patent is unpatentable. Paper 7, 2, 20–
`21. We modify our Decision on Institution to institute on all of the
`challenged claims and all of the grounds presented in the Petition.
`The parties shall meet and confer to discuss the impact, if any, of this
`Order. If, after conferring, the parties wish to submit further briefing, the
`parties must, within one week of the date of this Order, request a conference
`call with the panel to seek authorization for such briefing.
`In consideration of the foregoing, it is hereby:
`ORDERED that our Decision on Institution is modified to include
`review of all challenged claims and all grounds presented in the Petition; and
`FURTHER ORDERED that Petitioner and Patent Owner shall meet
`and confer to determine whether they desire any further briefing, and, if so,
`shall request a conference call with the panel to seek authorization for such
`briefing within one week of the date of this Order.
`
`
`
`2
`
`
`
`IPR2017-00447
`Patent 7,529,806 B1
`
`PETITIONER:
`
`David Krinsky
`Aaron Maurer
`Christopher Suarez
`Christopher Geyer
`WILLIAMS & CONNOLLY LLP
`dkrinsky@wc.com
`amaurer@wc.com
`csuarez@wc.com
`cgeyer@wc.com
`
`
`PATENT OWNER:
`
`Justin J. Oliver
`Jason Dorsky
`FITZPATRICK, CELLA, HARPER & SCINTO
`philipsipr@fchs.com
`jdorsky@fchs.com
`
`3
`
`