`571-272-7822
`
`Paper No. 33
`Entered: December 29, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WARGAMING GROUP LIMITED,
`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
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2017-01082
`Patent 7,682,243 B2
`
`On October 24, 2017, we issued an Order setting forth discovery and
`briefing deadlines with respect to the issue of whether Wargaming.net LLP,
`a real party-in-interest to Petitioner, was served with a complaint alleging
`infringement of the ’243 patent more than one year before the filing of the
`Petition. Paper 16. Patent Owner has submitted evidence that purportedly
`shows that service of process was effected upon Wargaming.net LLP prior
`to the bar date for this proceeding. Petitioner argues the evidence shows that
`service was not effective for several reasons, including that the alleged set of
`service documents did not include the required summons. Based on the
`record before us, we are not convinced that the evidence submitted is
`sufficient to show that effective service was achieved. In particular, the
`evidence before us is not conclusive as to whether a proper summons was
`included in the papers that purportedly were delivered to Wargaming.net
`LLP. Having considered the parties’ briefs on this issue (see Papers 24, 25,
`and 28) as well as the evidence submitted, we deny Patent Owner’s request
`to dismiss the Petition as time-barred under 35 U.S.C. § 315(b). This denial
`is without prejudice, and the parties are free to address this issue further in
`their remaining papers. We also reserve ruling on Petitioner’s Motion to
`Exclude. See Paper 30.
`It is so ORDERED.
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`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
`
`
`
`PATENT OWNER:
`
`William Mandir
`Peter Park
`John Bird
`Christopher Bezak
`Fadi Kiblawi
`SUGHRUE MION PLLC
`wmandir@sughrue.com
`pspark@sughrue.com
`jbird@sughrue.com
`cbezak@sughrue.com
`fkiblawi@sughrue.com
`
`3
`
`
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