`571.272.7822
`
`
`
`
`
`Paper No. 29
`Entered: May 7, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`COMCAST CABLE COMMUNICATIONS, LLC
`Petitioner,
`
`v.
`
`VEVEO, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00715
`Patent 8,433,696 B2
`____________
`
`
`Before JONI Y. CHANG, MINN CHUNG, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`IPR2017-00715
`Patent 8,433,696 B2
`
`
`On April 24, 2018, the U.S. 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 Institution Decision (Paper 8), we instituted inter partes review
`of claims 1–31 of U.S. Patent No. 8,433,696 on grounds 1 and 2 presented in
`the Petition (Paper 2). This constituted all of the claims presented in the
`Petition, but not all grounds. See Paper 2, 13. We modify our Institution
`Decision to institute on all of the grounds presented in the Petition. See
`Guidance on the Impact of SAS on AIA Trial Proceedings (Apr. 26, 2018),
`available at https://www.uspto.gov/patents-application-process/patent-trial-
`and-appeal-board/trials/guidance-impact-sas-aia-trial.
`The parties shall confer to discuss the impact, if any, of this Order on
`the current schedule. If, after conferring, the parties wish to otherwise
`change the schedule or 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 changes or briefing.
`As an alternative, the Board authorizes the parties to file, within one
`week of the date of this Order, a Joint Motion to Limit the Petition by
`removing the grounds upon which we did not institute in our Institution
`Decision. See, e.g., Apotex Inc., v. OSI Pharms., Inc., Case IPR2016-01284
`(PTAB Apr. 3, 2017) (Paper 19) (granting, after institution, a joint motion to
`limit the petition by removing a patent claim that was included for trial in
`the institution decision).
`
`
`
`2
`
`
`
`
`
`
`
`IPR2017-00715
`Patent 8,433,696 B2
`
`
`In consideration of the foregoing, it is hereby
`ORDERED that our Institution Decision is modified to include review
`of all grounds presented in the Petition;
`FURTHER ORDERED that Petitioner and Patent Owner shall confer
`to determine whether they desire any changes to the schedule or any further
`briefing, and, if so, shall request a conference call with the panel to seek
`authorization for such changes or briefing within one week of the date of this
`Order; and
`FURTHER ORDERED that alternatively, the parties may file, within
`one week of the date of this Order, a Joint Motion to Limit the Petition by
`removing the grounds upon which we did not institute in our Institution
`Decision.
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00715
`Patent 8,433,696 B2
`
`
`PETITIONER:
`
`Frederic M. Meeker
`Bradley C. Wright
`John M. Fleming
`R. Gregory Israelsen
`Shambhavi Patel
`Scott M. Kelly
`BANNER AND WITCOFF, LTD.
`fmeeker@bannerwitcoff.com
`bwright@bannerwitcoff.com
`jfleming@bannerwitcoff.com
`risraelsen@bannerwitcoff.com
`spatel@bannerwitcoff.com
`skelly@bannerwitcoff.com
`
`
`PATENT OWNER:
`
`Mark D. Rowland
`Gabrielle E. Higgins
`ROPES & GRAY LLP
`mark.rowland@ropesgray.com
`gabrielle.higgins@ropesgray.com
`
`
`
`4
`
`
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