`571-272-7822
`
`
`
`
`
`
`Paper: 20
`Entered: April 27, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARTESIAN HOME PRODUCTS and
`AMERICAN DIE & ROLLFORMING,
`Petitioners,
`
`v.
`
`GUTTERGLOVE, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00031
`Patent 8,479,454 B2
`____________
`
`
`
`Before MEREDITH C. PETRAVICK, SCOTT A. DANIELS, and
`ERIC C. JESCHKE, Administrative Patent Judges.
`
`JESCHKE, Administrative Patent Judge.
`
`
`
`
`
`DECISION
`
`
`
`IPR2018-00031
`Patent 8,479,454 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
`Petitioners demonstrated a reasonable likelihood that they would prevail in
`showing that at least 1 of the challenged claims of U.S. Patent No. 8,479,454
`B2 is unpatentable. Paper 18, 2. Pursuant to the holding in SAS, we modify
`our institution decision to institute on all of the challenged claims on all of
`the grounds presented in the Petition.
`Petitioners and Patent Owner shall meet and confer to discuss the
`need for any adjustments to the schedule. The parties are reminded that, per
`the Scheduling Order, the parties may stipulate to different dates for DUE
`DATES 1–5. If changes to DUE DATES 6 and 7 are needed, the parties
`shall schedule a conference call with the Board to discuss any schedule
`changes within one (1) week of the entry of this Order.
`
`In consideration of the foregoing, it is hereby:
`ORDERED that we modify our institution decision, which we issued
`pursuant to 35 U.S.C. § 314(a), to include review of all challenged claims on
`all grounds presented in the Petition; and
`FURTHER ORDERED that, Petitioners and Patent Owner shall meet
`and confer to discuss schedule changes, and, if necessary, schedule a
`conference call with the Board, within one (1) week of entry of this Order.
`
`2
`
`
`
`IPR2018-00031
`Patent 8,479,454 B2
`
`PETITIONERS:
`
`Michael Thomas
`Thomas A. Sexton
`Fredrick S. Tsang
`DOWNEY BRAND LLP
`mthomas@downeybrand.com
`tsexton@downeybrand.com
`ftsang@downeybrand.com
`
`
`
`PATENT OWNER:
`
`Jason S. Jackson
`Sean P Connolly
`KUTAK ROCK LLP
`jason.jackson@kutakrock.com
`sean.connolly@kutakrock.com
`
`
`
`3
`
`