`571-272-7822
`
`Paper No. 41
`Date: May 3, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LIVEPERSON, INC.,
`Petitioner,
`
`v.
`
`24/7 CUSTOMER, INC.,
`Patent Owner.
`____________
`
`Cases IPR2017-00609 (Patent 6,970,553 B1) and
`IPR2017-00610 (Patent 9,077,804 B2)
`____________
`
`Before CHRISTOPHER L. CRUMBLEY, ROBERT J. WEINSCHENK,
`and JASON W. MELVIN, Administrative Patent Judges.
`
`CRUMBLEY, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`On April 24, 2018, the Supreme Court held that a decision to institute
`an inter partes review under 35 U.S.C. § 314 may not institute on fewer than
`all claims challenged in the petition. SAS Inst., Inc. v. Iancu, No. 16-969,
`
`
`
`
`
`IPR2017-00609 (Patent 6,970,553 B1)
`IPR2017-00610 (Patent 9,077,804 B2)
`
`
`2018 WL 1914661, at *10 (U.S. Apr. 24, 2018). In our Decision on
`Institution in IPR2017-00609, we determined that Petitioner demonstrated a
`reasonable likelihood that it would establish that at least one challenged
`claim is unpatentable, but we did not institute trial on all the claims
`challenged in the Petition. IPR2017-00609, Paper 12, 13. We reached a
`similar decision in IPR2017-00610. IPR2017-00610, Paper 9, 19–20.
`Pursuant to Office guidance, we hereby modify our decisions, in order to
`institute on all of the challenged claims and all of the grounds presented in
`the respective Petitions. See United States Patent and Trademark Office,
`Guidance on the Impact of SAS on AIA Trial Proceedings, PATENT TRIAL
`AND APPEAL BOARD TRIALS (April 26, 2018), https://go.usa.gov/xQ93y.
`The parties should meet and confer in order to discuss the impact, if
`any, of this Order on the current proceedings. If, after conferring, the parties
`wish to request authorization for further briefing, the parties must, within
`one week of the date of this Order, request a conference call with the panel.
`
`In consideration of the foregoing, it is hereby:
`ORDERED that our Decision on Institution in each of IPR2017-
`00609 and IPR2017-00610 is modified to include review of all challenged
`claims and all grounds presented in the respective Petitions; and
`FURTHER ORDERED that the parties shall, if necessary, request a
`conference call with the panel to seek authorization for any supplemental
`briefing within one week of the date of this Order.
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`IPR2017-00609 (Patent 6,970,553 B1)
`IPR2017-00610 (Patent 9,077,804 B2)
`
`
`
`
`
`PETITIONER:
`
`Robert Kang
`Kristen Reichenbach
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`robert.kang@kirkland.com
`kristen.reichenbach@kirkland.com
`egorynov@kirkland.com
`
`
`
`PATENT OWNER:
`
`Mark E. Miller
`Brian M. Cook
`Jay Choi
`O’MELVENY & MYERS LLP
`markmiller@omm.com
`bcook@omm.com
`jchoi@omm.com
`
`3
`
`
`
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