`Tel: 571-272-7822
`
`
`Paper 19
`Entered: April 30, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SHENZHEN KEAN SILICONE PRODUCT CO., LTD.,
`Petitioner,
`
`v.
`
`PKOH NYC, LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-01327
`Patent 7,959,036 B2
`______________________________
`
`
`Before MITCHELL G. WEATHERLY, JAMES A. TARTAL,
`and ROBERT L. KINDER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`
`
`
`
` DECISION
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-01327
`Patent 7,959,036 B2
`
`
`
`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 *10
`(U.S. Apr. 24, 2018). In our Decision on Institution, we determined that
`Petitioner demonstrated a reasonable likelihood that it would prevail in
`showing that at least 1 of the challenged claims of U.S. Patent No. 7,959,036
`is unpatentable. Paper 14, 44. Pursuant to the holding in SAS, we modify
`our institution decision to institute on all of the challenged claims and all of
`the grounds presented in the Petition.
`Petitioner and Patent Owner shall meet and confer to discuss the need
`for additional briefing. The parties shall request a conference call with the
`Board to discuss any requested additional briefing within one (1) week of
`entry of this Order.
`In consideration of the foregoing, it is hereby:
`ORDERED that, we modify our Decision on Institution, which we
`issued pursuant to 35 U.S.C. § 314(a), 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 additional briefing, and, if so, request a
`conference call with the panel to seek authorization for such briefing within
`one week of the date of this Order.
`
`
`2
`
`
`
`IPR2017-01327
`Patent 7,959,036 B2
`
`
`PETITIONER:
`Xiyan Zhang
`Pete Wolfgram
`xzhang@stratumlaw.com
`pwolfgram@stratumlaw.com
`
`
`PATENT OWNER:
`Scott Stimpson
`Tod Melgar
`sstimpson@sillscummis.com
`tmelgar@sillscummis.com
`
`
`3
`
`
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