`
`Paper 54
`Entered: May 30, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WARGAMING GROUP LIMITED and ACTIVISION BLIZZARD, INC.,
`Petitioner,
`
`v.
`
`GAME AND TECHNOLOGY CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01082
`Patent 7,682,243 B2
`____________
`
`
`
`Before STACEY G. WHITE, DANIEL J. GALLIGAN, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Joint Motion to Limit Briefing and Evidence
`37 C.F.R. §§ 42.1(b), 42.71(a)
`
`
`
`
`
`IPR2017-01082
`Patent 7,682,243 B2
`
`
`
`The Institution Decision in this case instituted trial on one of the two
`grounds of unpatentability raised in the Petition. Paper 14. Subsequently,
`on April 24, 2018, the Supreme Court held that a decision to institute under
`35 U.S.C. § 314 may not institute on fewer than all claims challenged in the
`petition. SAS Institute Inc. v. Iancu, 138 S. Ct. 1348, 1359–60 (2018). By
`our Order of May 3, 2018, we modified our institution decision to institute
`on all of the grounds presented in the Petition. Paper 47.
`A conference call was held with the parties on May 16, 2018, to
`discuss the parties’ proposed approach to proceed with the case.
`Subsequently, via email, we authorized the parties to file a Joint Motion to
`Limit Briefing and Evidence as to Ground 2 of the Petition, which is the
`subject of this Order. Paper 52 (“Mot.”). Ground 2 is a ground of
`unpatentability under 35 U.S.C. § 103(a) based on the combination of the
`Master of Orion II Strategy Guide (Ex. 1009) and U.S. Patent Application
`Publication No. 2003/0177187 (Ex. 1004). Paper 1, 6–7.
`In their Joint Motion, “[t]he 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.” Mot. 2. The
`parties further state:
`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
`
`2
`
`
`
`IPR2017-01082
`Patent 7,682,243 B2
`
`
`
`waiver of any rights, and the parties retain all rights to appeal any
`final written decision on all instituted grounds.
`Mot. 3.
`We agree with the parties that their proposed approach promotes
`efficiency, and, therefore, the approach furthers the Office’s policy of
`“secur[ing] the just, speedy, and inexpensive resolution of every
`proceeding.” 37 C.F.R. § 42.1(b). Furthermore, by proposing this approach,
`we do not deem the parties to have conceded patentability or unpatentability
`based on Ground 2 or to have waived any arguments based on that ground of
`unpatentability.
`In consideration of the foregoing, it is hereby:
`ORDERED that parties’ joint motion 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 is granted; and
`FURTHER ORDERED that we do not deem the parties to have
`conceded patentability or unpatentability based on Ground 2 or to have
`waived any arguments based on that ground of unpatentability.
`
`
`
`3
`
`
`
`IPR2017-01082
`Patent 7,682,243 B2
`
`
`PETITIONER:
`
`Harper Batts
`Jeffrey Liang
`BAKER BOTTS L.L.P.
`harper.batts@bakerbotts.com
`jeffrey.liang@bakerbotts.com
`
`Sharon A. Israel
`John D. Garretson
`Tanya Chaney
`SHOOK, HARDY & BACON L.L.P.
`sisrael@shb.com
`jgarretson@shb.com
`tchaney@shb.com
`
`
`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 J. Bezak
`Fadi N. Kiblawi
`SUGHRUE MION PLLC
`wmandir@sughrue.com
`pspark@sughrue.com
`jbird@sughrue.com
`cbezak@sughrue.com
`fkiblawi@sughrue.com
`
`
`4
`
`
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