`
`Paper: 23
`Entered: May 2, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HTC CORPORATION AND HTC AMERICA, INC.,
`Petitioner,
`
`v.
`
`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
`____________
`
`Case IPR2017-00857
`Reissued Patent RE44,006 E
`____________
`
`
`Before KRISTEN L. DROESCH, BARBARA A. PARVIS, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-00857
`Reissued Patent RE44,006 E
`
`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 prevail in showing that at
`least one of the challenged claims of Reissued Patent RE44,006 E is
`unpatentable. Paper 7, 29. We modify our Decision on Institution to
`include review of all the challenged claims and all the grounds presented in
`the Petition.
`The parties shall meet and confer to discuss any need for additional
`briefing. The parties shall request a conference call with the panel to discuss
`any requested additional briefing within one (1) week of entry of this Order.
`When requesting a conference call with the panel, the parties shall provide
`several proposed times when both parties are available for the conference
`call.
`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 discuss whether they need additional 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
`
`
`
`IPR2017-00857
`Reissued Patent RE44,006 E
`
`
`PETITIONER:
`Bing Ai
`John Schnurer
`Kevin J. Patariu
`PERKINS COIE LLP
`PerkinsServicePhilipsIPR@perkinscoie.com
`
`PATENT OWNER:
`Justin J. Oliver
`Daniel S. Glueck
`FITZPATRICK, CELLA, HARPER & SCINTO
`PhilipsIPR@fchs.com
`
`3
`
`
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