`Tel: 571-272-7822
`
`
`Paper 21
`Entered: May 16, 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
`Authorizing Joint Motion to Limit Proceeding
`37 C.F.R. § 42.5 and 37 C.F.R. § 42.20
`
`
`
`
`
`
`
`
`
`
`
`IPR2017-01327
`Patent 7,959,036 B2
`
`
`
`On April 30, 2018, we issued an order modifying our Decision on
`Institution (Paper 14) to institute on all of the challenged claims and all of
`the grounds presented in the Petition (Paper 1). Paper 19 (Order modifying
`Decision on Institution).
`On May 9, 2018, we conducted a conference call with counsel for the
`parties (Mr. Xiyan Zhang and Mr. Pete Wolfgram for Petitioner and Mr. Tod
`Melgar for Patent Owner) and Judges Weatherly, Tartal, and Kinder.
`During this call, the parties expressed an intent to limit the Proceeding only
`to the following grounds and claims that we instituted on December 6, 2017,
`in our Decision on Institution:
`Reference
`Basis
`Cho
`§ 103
`Cho and Mueller
`§ 103
`Cho, Mueller, and Rohr § 103
`Cho and Raja
`§ 103
`Cho and Trecek
`§ 103
`Paper 14, 44.
`Limiting the proceeding as proposed by the parties facilitates the
`Board’s goal of resolving this inter partes review in a just, speedy, and
`inexpensive manner. See 37 C.F.R. § 42.1(b). Accordingly, we authorize
`the parties to file, within one week of the date of this Order, a Joint Motion
`to Limit Proceeding. See, e.g., Apotex Inc., v. OSI Pharms., Inc., Case
`IPR2016-01284 (PTAB Apr. 3, 2017) (Paper 19) (granting, after institution,
`a joint motion to limit the petition by removing a patent claim that was
`included for trial in the institution decision). The parties should detail in the
`motion the grounds, and claims for each ground, that remain to be decided
`by final decision.
`
`Claim(s)
`1, 2, 14, 21, 22, 24, and 26
`1, 3–6, 10–13, 20, and 28–32
`31, 32, and 35–38
`7
`24 and 26
`
`2
`
`
`
`IPR2017-01327
`Patent 7,959,036 B2
`
`
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties are authorized to file, within one week of
`the date of this Order, a Joint Motion to Limit Proceeding to the grounds and
`claims instituted on December 6, 2017, in the Decision on Institution.
`
`3
`
`
`
`IPR2017-01327
`Patent 7,959,036 B2
`
`
`PETITIONER:
`Xiyan Zhang
`Pete Wolfgram
`STRATUM LAW FIRM LLC
`xzhang@stratumlaw.com
`pwolfgram@stratumlaw.com
`
`
`PATENT OWNER:
`Scott Stimpson
`Tod Melgar
`SILLS CUMMIS & GROSS P.C.
`sstimpson@sillscummis.com
`tmelgar@sillscummis.com
`
`
`4
`
`
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