`Entered: December 8, 2017
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`EGENERA, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01340
`Patent 6,971,044
`____________
`
`Before CHARLES J. BOUDREAU, WILLIAM M. FINK, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`HAAPALA, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2017-01340
`Patent 6,971,044 B2
`
`
`On December 4, 2017, Patent Owner submitted an email request, under
`
`37 C.F.R. § 42.20(b), seeking authorization to file a motion to dismiss for lack of
`jurisdiction on the basis that the inter partes review proceeding violates Article III
`and the Seventh Amendment of the Constitution. Ex. 3001. Petitioner opposes the
`request. Id.
`Patent Owner indicates the purpose of its request is to preserve the issue in
`light of the Supreme Court’s grant of certiorari in Oil States Energy Services, LLC
`v. Greene’s Energy Group, LLC, 2017 WL 2507340 (U.S. June 12, 2017).
`Ex. 3001. But Patent Owner also acknowledges that its argument is foreclosed
`under existing Federal Circuit precedent. Id.; see also MCM Portfolio LLC v.
`Hewlett-Packard Co., 812 F.3d 1284 (Fed. Cir. 2015) (holding inter partes review
`does not violate Article III or the Seventh Amendment right to a jury trial).
`Under the circumstances, we determine there is no need for the additional
`briefing that would result from filing a motion. Patent Owner’s position is noted,
`and its request for authorization to file a motion to dismiss is denied.
`
`It is, therefore,
`ORDERED that Patent Owner’s request for authorization to file a motion to
`dismiss is denied.
`
`
`
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`IPR2017-01340
`Patent 6,971,044 B2
`
`For PETITIONER:
`
`David L. McCombs
`Theodore M. Foster
`R. Whitman Burns
`HAYNES AND BOONE, LLP
`
`david.mccombs.ipr@haynesboone.com
`ipr.theo.foster@haynesboone.com
`whitman.burns.ipr@haynesboone.com
`
`
`For PATENT OWNER:
`
`Christopher Bovenkamp
` John Campbell
` McKOOL SMITH P.C.
`
`cbovenkamp@mckoolsmith.com
`jcampbell@mckoolsmith.com
`
`3
`
`
`
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