`
`___________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________________________
`
`WARGAMING GROUP LIMITED and ACTIVISION BLIZZARD, INC.,
`Petitioners,
`v.
`GAME AND TECHNOLOGY CO., LTD.,
`Patent Owner.
`
`––––––––––
`Case IPR2017-01082
`Patent 7,682,243
`
`___________________
`
`JOINT MOTION TO LIMIT BRIEFING AND EVIDENCE
`AS TO GROUND 2 OF THE PETITION
`
`
`
`I.
`
`STATEMENT OF RELIEF REQUESTED
`
`Petitioners Wargaming Group Limited and Activision Blizzard, Inc. and
`
`Patent Owner Game and Technology Co., Ltd. jointly request that the Board limit
`
`the briefing and evidence considered for Ground 2 of this proceeding to the
`
`briefing and evidence that was submitted prior to the Board’s institution of this
`
`inter partes review on October 6, 2017. Limiting the briefing and evidence as to
`
`Ground 2 will ensure the just, speedy, and inexpensive resolution of this
`
`proceeding because the deadline for Petitioners’ reply brief was imminent when
`
`Ground 2 was instituted by the Board in view of the Supreme Court’s decision in
`
`SAS Institute Inc. v. Iancu, and therefore briefing and discovery were largely
`
`complete at that time.
`
`The Board authorized the filing of this motion on the May 15, 2018
`
`conference call that was convened pursuant to the Board’s order dated May 3,
`
`2018 (Paper 47).
`
`II.
`
`STATEMENT OF FACTS
`
`On March 13, 2017, Petitioner Wargaming filed a petition seeking inter
`
`partes review for claims 1-7 of the ’243 Patent. Paper 1. On October 6, 2017, the
`
`Board instituted inter partes review as to Ground 1 but not as to Ground 2. Paper
`
`14. Both Grounds 1 and 2 allege that claims 1–7 of the ’243 Patent are obvious,
`
`but each ground relies on a materially different combination of prior art. Ground 1
`
`1
`
`
`
`is based on the combination of the Dungeons and Dragons Player’s Handbook with
`
`the Levine Patent Application. Ground 2 is based on the combination of the
`
`Masters of Orion Strategy Guide with the Levine Patent Application.
`
`On May 3, 2018, the Board issued an order modifying the “institution
`
`decision to institute on all of the challenged claims and all of the grounds presented
`
`in the Petition” pursuant to the Supreme Court’s decision in SAS Institute, Inc. v.
`
`Iancu, 2018 WL 1914661, at *10 (U.S. Apr. 24, 2018). Paper 47. At the time of
`
`the Board’s order, Petitioner Wargaming was preparing its reply brief in support of
`
`the petition, and Petitioner Wargaming was not planning to submit a reply
`
`declaration by its expert.1 In the absence of the Board’s order, briefing and
`
`discovery in this briefing would have been substantially completed. The oral
`
`hearing is scheduled for July 11, 2018.
`
`III.
`
`JOINT AGREEMENT TO LIMIT BRIEFING AND EVIDENCE
`
`The parties jointly move to limit the briefing and evidence for Ground 2 to
`
`the briefing and evidence that was submitted prior to the Board’s October 6, 2017
`
`institution decision. Limiting the briefing and evidence for Ground 2 will allow
`
`the proceeding to continue according to the previously agreed schedule, which has
`
`the oral hearing set for July 11, 2018.
`
`1 On May 3, 2018, Petitioner Activision Blizzard, Inc. was added as a petitioner to
`
`this proceeding.
`
`2
`
`
`
`Given the late stage of the proceeding and considering the extensive briefing
`
`and discovery that has been completed, limiting the briefing and evidence for
`
`Ground 2 at this juncture promotes the efficient use of the Board’s resources and
`
`saves additional expense for the parties. While the parties understand that the
`
`Board’s final written decision may substantially incorporate its findings on Ground
`
`2 as set forth in the Board’s institution decision, the parties’ agreement to forego
`
`further briefing and evidence should not be considered a default or waiver of any
`
`rights, and the parties retain all rights to appeal any final written decision on all
`
`instituted grounds.
`
`May 22, 2018
`
`Respectfully submitted,
`
`/Harper Batts/
`Harper Batts, Reg. No. 56,160
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on May 22,
`
`2018, a complete and entire copy of the foregoing was filed electronically and
`
`served via email to all parties to this proceeding at the addresses indicated:
`
`FOR PATENT OWNER:
`Joseph J. Zito
`Richard Castellano
`DNL ZITO CASTELLANO
`jzito@dnlzito.com
`rcastellano@dnlzito.com
`
`William H. Mandir
`Peter S. Park
`John M. Bird
`Christopher Bezak
`Fadi Kiblawi
`SUGHRUE MION PLLC
`gat@sughrue.com
`jbird@sughrue.com
`wmandir@sughrue.com
`pspark@sughrue.com
`cbezak@sughrue.com
`fkiblawi@sughrue.com
`
`May 22, 2018
`
`FOR ACTIVISION BLIZZARD, INC.
`Sharon Israel
`John D. Garretson
`Tanya Chaney
`SHOOK HARDY & BACON
`sisrael@shb.com
`jgarretson@shb.com
`tchaney@shb.com
`
`/Harper Batts/
`Harper Batts
`
`4
`
`
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