`Tel: 571-272-7822
`
`Paper 27
`Entered: May 24, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`FANDUEL, INC.
`DRAFTKINGS, INC.
`BWIN.PARTY DIGITAL ENTERTAINMENT PLC,
`Petitioners,
`v.
`CG TECHNOLOGY DEVELOPMENT, LLC,
`Patent Owner.
`
`Case IPR2017-00902
`Patent RE39,818
`
`
`
`Before THOMAS L. GIANNETTI, BARRY L. GROSSMAN, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`GROSSMAN, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-00902
`Patent RE39,818
`
`
`On May 22, 2018, Petitioners contacted the Board by e-mail to
`request a conference call.1 The stated purpose of the call is to discuss
`consolidating the hearing dates for IPR2017-00902 (the “’00902
`proceeding”) and IPR2017-01532 (the “’01532 proceeding”). There is no
`need for a telephone conference. We can address the request based on the
`facts of record.
`Petitioners propose that the hearing date of the ’00902 proceeding be
`changed from July 16, 2018, to August 22, 2018, and be consolidated with
`the hearing scheduled in the ’01532 proceeding scheduled for August 22.
`Petitioners state “it would be more efficient to have the above-noted
`hearings held on the same date to conserve the parties and the Board’s
`resources.” We disagree.
`The ’00902 proceeding and the ’01532 proceeding involve different
`patents with no substantive relationship between them. The two proceedings
`also involve different references; different PTAB panels; different
`evidentiary objections; different schedules for issuance of a final written
`decision; and different Patent Owners. Under these circumstances, there are
`few, if any, efficiencies realized from a common hearing date of August 22,
`and no good cause for the proposed change.
`
`
`1 We remind the parties that, as required by the Scheduling Order in this
`case, when requesting a telephone conference with the Board, “[t]he request
`must include a list of dates and times when both parties are available for the
`call.” See Paper 15, 3 (Section 2(f)).
`
`
`2
`
`
`
`IPR2017-00902
`Patent RE39,818
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioners’ request to change the hearing date in
`IPR2017-00902 from July 16, 2018, to August 22, 2018, and to consolidate
`the hearing in IPR2017-00902 with a hearing in IPR2017-01532 scheduled
`for August 22, 2018, is DENIED.
`
`
`
`
`PETITIONER:
`
`Eric Buresh
`Eric.buresh@eriseip.com
`
`Jonathan Berschadsky
`jberschadsky@merchantgould.com
`
`Adam Yowell
`ayowell@bhfs.com
`
`
`PATENT OWNER:
`
`Joshua Goldberg
`Joshua.goldberg@finnegan.com
`
`James Barney
`James.barney@finnegan.com
`
`Scott Allen
`Scott.allen@finnegan.com
`
`
`
`3
`
`
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