`571-272-7822
`
`
`
`
`
`
`Paper: 36
`Entered: April 27, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NATIONAL OILWELL VARCO, L.P.,
`Petitioner,
`
`v.
`
`TECHNICAL INDUSTRIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00860
`Patent 7,552,640 B2
`____________
`
`
`
`Before THOMAS L. GIANNETTI, BRYAN F. MOORE, and
`JASON J. CHUNG, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`Case IPR2017-00860
`Patent 7,552,640 B2
`
`
`
`On April 24, 2018, the Supreme Court held that a final written
`decision under 35 U.S.C. § 318(a) must decide the patentability of 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 ’640 patent is unpatentable. Paper
`14, 2. Pursuant to the holding in SAS, we modify our institution decision to
`institute on all of the challenged claims and all of the grounds presented in
`the Petition. Specifically, we modify our institution decision to include at
`least the following additional grounds:
`
`Claim(s)
`3, 12
`5, 7,14, 16
`3, 5, 7, 12, 14,
`16
`
`References
`
`Basis
`§ 102(b) Lam
`§ 103(a) Lam and Assanelli
`§ 103(a) Assanelli and Lam
`
`
`
`The parties remain free to stipulate to changes in the schedule under
`the terms of the Scheduling Order. If, after conferring, the parties wish to
`otherwise change the schedule or submit briefing not set forth in the
`Scheduling Order, 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.
`In consideration of the foregoing, it is hereby:
`ORDERED that, pursuant to 35 U.S.C. § 314(a), we modify our
`institution decision to include review of all challenged claims and all
`grounds presented in the Petition;
`
`2
`
`
`
`Case IPR2017-00860
`Patent 7,552,640 B2
`
`
`
`FURTHER ORDERED that Petitioner and Patent Owner shall confer
`to determine whether they desire any changes to the schedule or briefing not
`already permitted under the Scheduling Order, and, if so, request a
`conference call with the panel to seek authorization for such changes or
`briefing within one week of the date of this Order.
`
`PETITIONERS:
`Robert M. Bowick, Jr.
`Bradford T. Laney
`RALEY & OWICK, L.L.P.
`rbowick@raleybowick.com
`blaney@raleybowick.com
`
`PATENT OWNER:
`Ted M. Anthony
`BABINEAUX, POCHÉ, ANTHONY & SLAVICH, L.L.C.
`tanthony@bpasfirm.com
`
`Joseph L. Lemoine, Jr.
`LEMOINE & ASSOCIATES, LLC
`joe@lemoine.com
`
`3
`
`