`571-272-7822
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`
`
`
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`
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`Paper: 14
`Entered: May 7, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BITDEFENDER INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01315
`Patent 6,510,466 B1
`____________
`
`
`Before MIRIAM L. QUINN, ROBERT J. WEINSCHENK, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`IPR2017-01315
`Patent 6,510,466 B1
`
`
`
`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 Inst., Inc. v. Iancu, 2018 WL 1914661, at *10 (U.S. Apr.
`24, 2018). In our Decision on Institution, we determined that Petitioner
`demonstrated a reasonable likelihood that it would establish that at least one
`of the challenged claims of the ’466 patent is unpatentable. Paper 7, 2, 25–
`26. We modify our institution decision to institute on all of the challenged
`claims and all of the grounds presented in the Petition.
`The parties shall confer to discuss the impact, if any, of this Order on
`the current schedule. If, after conferring, the parties wish to change the
`schedule or submit further briefing, 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. If the parties do not request such
`a call, the parties waive any request for additional briefing on the newly
`instituted claims and grounds.
`In consideration of the foregoing, it is hereby:
`ORDERED that our institution decision is modified to include review
`of all challenged claims and all grounds presented in the Petition; and
`FURTHER ORDERED that Petitioner and Patent Owner shall confer
`to determine whether they desire any changes to the schedule or any further
`briefing, and, if so, shall 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
`
`
`
`IPR2017-01315
`Patent 6,510,466 B1
`
`
`PETITIONER:
`David Hoffman
`FISH & RICHARDSON P.C.
` hoffman@fr.com
`
`Martha Hopkins
` LAW OFFICES OF S.J. CHRISTINE YANG
`mhopkins@sjclawpc.com
`
`PATENT OWNER:
`
`Vincent J. Rubino III
`Peter Lambrianakos
`Enrique W. Iturralde
`BROWN RUDNICK LLP
`vrubino@brownrudnick.com
`plambrianakos@brownrudnick.com
`afabricant@brownrudnick.com
`eiturralde@brownrudnick.com
`
`3
`
`