`
`Paper: 17
`Entered: April 27, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CASCADES CANADA ULC and
`TARZANA ENTERPRISES, LLC,
`Petitioner,
`
`v.
`
`ESSITY HYGIENE AND HEALTH AB,1
`Patent Owner.
`____________
`
`Case IPR2017-01921
`Patent 9,320,372 B2
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, KRISTINA M. KALAN, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`1 Patent Owner informs us that its name was legally changed from SCA
`Hygiene Products Aktiebolag, the originally-named Patent Owner in this
`proceeding, to Essity Hygiene and Health Aktiebolag. Paper 16, 1.
`
`
`
`IPR2017-01921
`Patent 9,320,372 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 establish
`that at least one of the challenged claims of the ’372 patent is unpatentable.
`Paper 9, 31–32. 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.
`The parties remain free to stipulate to changes in the schedule under
`the terms of the Scheduling Order. If, after conferring, the parties wish to
`otherwise change the schedule or submit briefing not set forth in the
`Scheduling Order, 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.
`In consideration of the foregoing, it is hereby:
`ORDERED that, pursuant to 35 U.S.C. § 314(a), we modify our
`institution decision 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 briefing not
`already permitted under the Scheduling Order, and, if so, 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
`
`
`
`IPR2017-01921
`Patent 9,320,372 B2
`
`
`PETITIONER:
`Rudolph A. Telscher, Jr.
`Daisy Manning
`HUSCH BLACKWELL LLP
`rudy.telscher@huschblackwell.com
`daisy.manning@huschblackwell.com
`
`
`
`PATENT OWNER:
`
`David A. Mancino
`William F. Smith
`Kevin Flynn
`BAKER & HOSTETLER LLP
`dmancino@bakerlaw.com
`wsmith@bakerlaw.com
`kflynn@bakerlaw.com
`
`
`
`
`
`
`
`
`
`
`3
`
`
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