`571-272-7822
`
`
`
`
`Paper: 29
`Entered: May 7, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMAZON.COM, INC., AMAZON DIGITAL SERVICES, INC.,
`AMAZON FULFILLMENT SERVICES, INC., HULU, LLC,
`and NETFLIX, INC,
`Petitioner,
`
`v.
`
`UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`____________
`
`Case IPR2017-00948
`Patent 8,566,960 B2
`____________
`
`
`Before DAVID C. MCKONE, BARBARA A. PARVIS, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-00948
`Patent 8,566,960 B2
`
`
`
`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 establish that at least one
`of the challenged claims of the ’960 patent is unpatentable. Paper 10, 2. We
`instituted on claims 7, 12, and 16 as anticipated by DeMello, but did not
`institute on claims 7, 12, and 16 as obvious over DeMello. Id. at 30, 34. We
`modify our institution decision to include review of all the challenged claims
`and all the grounds presented in the Petition.
`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.
`In consideration of the foregoing, it is hereby:
`ORDERED that our institution decision 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 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.
`
`
`2
`
`
`
`IPR2017-00948
`Patent 8,566,960 B2
`
`
`PETITIONERS:
`Daniel Shvodian
`Sarah E. Stahnke
`PERKINS COIE LLP
`dshvodian@perkinscoie.com
`Sstahnke@perkinscoie.com
`
`PATENT OWNER:
`Brett Mangrum
`Jeffrey Huang
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`jeff@etheridgelaw.com
`
`Sean Burdick
`UNILOC USA, INC.
`Sean.burdick@unilocusa.com
`
`
`3
`
`