`571.272.7822
`
`
`Paper No. 32
`Entered: June 1, 2018
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`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 May 17, 2018 a conference call was held with counsel for the
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`parties to discuss our May 7, 2018 Order (Paper 29) modifying our
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`Institution Decision in this case to include review of all the grounds
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`presented in the Petition, in light of the April 24, 2018 Supreme Court’s
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`ruling in SAS Institute Inc. v. Iancu, 138 S. Ct. 1348, 1359–60 (2018)
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`(holding that a decision to institute under 35 U.S.C. § 314 may not institute
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`on fewer than all claims challenged in the petition).
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`In our Institution Decision (Paper 8), we instituted inter partes review
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`of claims 1–31 of U.S. Patent No. 8,433,696 on grounds 1 and 2 presented in
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`the Petition (Paper 2). This constituted all of the claims presented in the
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`Petition, but did not include ground 3. See Paper 2, 13. We, therefore,
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`modified our Institution Decision to include remaining ground 3.
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`In an email to the Board dated May 14, 2018, the parties requested a
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`modification to the current Scheduling Order to allow for supplemental
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`briefing and discovery on newly added ground 3. The parties proposed the
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`following modifications to the Scheduling Order:
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`- One month for Patent Owner to depose Petitioner’s expert and
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`submit a response, both limited to the newly instituted ground 3;
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`- One month for Petitioner to depose Patent Owner’s expert and
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`submit a reply to Patent Owner’s response; and
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`- One month for Patent Owner to depose Petitioner’s expert and
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`submit observations.
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`During the conference call, we informed the parties that insufficient
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`time remained on the schedule in this case to provide the requested
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`supplemental briefing and discovery prior to the statutory deadline for a final
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`written decision of July 27, 2018. We informed the parties that the final
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`
`
`2
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`
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`IPR2017-00715
`Patent 8,433,696 B2
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`written decision would be issued prior to July 27, 2018 with respect to
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`grounds 1 and 2, but not ground 3. We advised the parties that after the final
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`written decision was issued, they may file a petition for rehearing on ground
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`3 and we would consider allowing supplemental briefing, discovery, and
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`oral argument on ground 3 at that time.
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`In consideration of the foregoing, it is hereby
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`ORDERED that the parties’ request to modify the current Scheduling
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`Order is denied; and
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`FURTHER ORDERED that the parties may file a request for
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`rehearing after the final written decision in this case to request supplemental
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`briefing, discovery, and oral argument on ground 3.
`
`
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`3
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`
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`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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