`Tel: 571-272-7822
`
`Paper 46
`Entered: April 27, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ASPHALT PRODUCTS UNLIMITED, INC.,
`Petitioner,
`v.
`BLACKLIDGE EMULSIONS, INC.,
`Patent Owner.
`
`
`
`Case IPR2017-01241 (Patent 7,503,724 B2)
`Case IPR2017-01242 (Patent 7,918,624 B2)1
`
`
`
`
`
`
`
`
`
`
`
`Before MITCHELL G. WEATHERLY, JAMES A. TARTAL, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`GOODSON, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`On April 24, 2018, the Supreme Court held that a final written
`decision under 35 U.S.C. § 318(a) must decide the patentability of all claims
`challenged in the petition. SAS Inst., Inc. v. Iancu, 2018 WL 1914661, at
`
`
`1 This Order applies to both proceedings. These proceedings have not been
`consolidated. The parties may use a consolidated caption only if a paper
`contains a footnote indicating that the identical paper has been filed in each
`proceeding.
`
`
`
`IPR2017-01241 (Patent 7,503,724 B2)
`IPR2017-01242 (Patent 7,918,624 B2)
`*10 (U.S. Apr. 24, 2018). In our Decisions on Institution in these
`proceedings, we determined that Petitioner demonstrated a reasonable
`likelihood that it would establish that at least one of the challenged claims of
`the challenged patent is unpatentable. Case IPR2017-01241, Paper 23, 20;
`Case IPR2017-01242, Paper 23, 21. Pursuant to the holding in SAS, we
`modify our institution decisions to institute on all of the challenged claims
`and all of the grounds presented in the Petitions.
`The parties remain free to stipulate to changes in the schedule under
`the terms of the Scheduling Order. If, after conferring, the parties wish to
`otherwise change the schedule or submit briefing not set forth in the
`Scheduling Order, 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
`ORDERED that we modify our institution decisions in these
`proceedings, which were issued pursuant to 35 U.S.C. § 314(a), to include
`review of all challenged claims and all grounds presented in the Petition for
`that proceeding; and
`FUTHER ORDERED that Petitioner and Patent Owner shall confer to
`determine whether they desire any changes to the schedule or briefing not
`already permitted under the Scheduling Order, and, if so, 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
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`
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`IPR2017-01241 (Patent 7,503,724 B2)
`IPR2017-01242 (Patent 7,918,624 B2)
`PETITIONER:
`Robert Waddell
`Michael K. Leachman
`JONES WALKER LLP
`rwaddell@joneswalker.com
`mleachman@joneswalker.com
`
`PATENT OWNER:
`John F. Triggs
`Ryan D. Levy
`Seth R. Ogden
`PATTERSON INTELLECTUAL PROPERTY LAW, P.C.
`jft@iplawgroup.com
`rdl@iplawgroup.com
`sro@iplawgroup.com
`
`
`3
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`