`
`Paper No. 50
`Entered: September 5, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WESTINGHOUSE AIR BRAKE TECHNOLOGIES CORPORATION,
`Petitioner,
`
`v.
`
`SIEMENS MOBILITY, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01263
`Patent 6,996,461 B2
`____________
`
`
`
`Before KRISTEN L. DROESCH, MEREDITH C. PETRAVICK, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Joint Motion to Limit Petition
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-01263
`Patent 6,996,461 B2
`
`
`
`The Petition in this case asserted three proposed grounds of
`unpatentability:
`
`
`
`References
`
`Basis
`
`Claims Challenged
`
`1. Petit1 and Blesener2
`
`2. RSAC3 and Blesener
`
`§ 103 1, 4–6, 14, 16, 17, 19, 28, 32, 35,
`42–44, and 48
`
`§ 103 1, 4–6, 14, 16, 17, 19, 28, 32, 35,
`42–44, and 48
`
`3. RSAC, Blesener, and Petit § 103 1, 4–6, 14, 16, 17, 19, 28, 32, 35,
`42–44, and 48
`
`See Paper 2, 11.
`In our initial Decision on Institution, we instituted an inter partes
`review as to only a subset of the challenged claims based on the combination
`of Ground 3, and denied institution on the challenges of Grounds 1 and 2.
`Paper 10, 35. Subsequently, pursuant to the holding in SAS Inst., Inc. v.
`Iancu, 138 S.Ct. 1348, 1355–57 (2018), we modified our institution decision
`to institute on all of the challenged claims and all of the grounds presented in
`the Petition. Paper 21, 2. We also authorized supplemental briefing to
`permit the parties to address the additional grounds. Paper 23, 3–6.
`Based on the parties’ statements in briefing and at the oral argument,
`we authorized the parties to file a Joint Motion to Limit the Petition to
`withdraw Ground 2 from consideration. See Paper 48. The parties timely
`
`
`1 U.S. Patent No. 5,092,544, issued Mar. 3, 1992, Ex. 1008.
`2 Int’l Pub. No. WO 02/091013 A2, published Nov. 14, 2002, Ex. 1007.
`3 Railroad Safety Advisory Committee, Implementation of Positive Train
`Control Systems, Ex. 1005.
`
`2
`
`
`
`IPR2017-01263
`Patent 6,996,461 B2
`
`
`filed a Joint Motion to Limit the Petition, requesting withdrawal of Ground 2
`from consideration in this proceeding. Paper 50. After considering the Joint
`Motion, we grant the request.
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties’ Joint Motion to Limit the Petition is
`granted.
`
`
`
`
`3
`
`
`
`IPR2017-01263
`Patent 6,996,461 B2
`
`
`PETITIONER:
`Jason A. Engel
`Alan L. Barry
`Benjamin E. Weed
`Erik J. Halverson
`K&L GATES LLP
`jason.engel.ptab@klgates.com
`al.barry@klgates.com
`benjamin.weed.ptab@klgates.com
`erik.halverson@klgates.com
`
`PATENT OWNER:
`Jeffrey D. Sanok
`Mark M. Supko
`Vincent J. Galluzzo
`Jacob Z. Zambrzycki
`CROWELL & MORING LLP
`jsanok@crowell.com
`msupko@crowell.com
`vgalluzzo@crowell.com
`jzambrzycki@crowell.com
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
