`571-272-7822
`
`
`
`
`
`Paper 8
`Entered: June 27, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC.,
`Petitioner,
`
`v.
`
`EVERYMD.COM LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00050
`Patent 8,504,631 B2
`____________
`
`Before KRISTEN L. DROESCH, MICHAEL R. ZECHER, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`IPR2018-00050
`Patent 8,504,631 B2
`
`
`DISCUSSION
`I.
`A conference call in this proceeding was held on June 26, 2018, between
`respective counsel for Petitioner and Patent Owner, and Judges Droesch, Zecher,
`and Boucher. Patent Owner, EveryMD.com LLC (“EveryMD.com”), requested
`the conference call to discuss its intention to file a motion to amend.
`During the conference call, EveryMD.com represented that it does not
`intend to file a Patent Owner Response, but rather only intends to file a motion to
`amend that proposes a substitute claim for each of claims 1, 3, 5, and 7–9 of U.S.
`Patent No. 8,504,631 B2. In particular, EveryMD.com represented that it would be
`proposing amendments narrowing these claim so they are directed to the purpose
`of solving a problem unique to the Internet that would purportedly overcome the
`prior art of record and support a patentability determination under 35 U.S.C. § 101.
`For further information and guidance on filing a motion to amend, we refer to the
`parties to Western Digital Corp. v. SPEX Technologies, Inc., Case IPR2018-00082
`(PTAB Apr. 25, 2018) (Paper 13) (informative).1
`
`
`II. ORDER
`In consideration of the foregoing, it is hereby ORDERED that
`EveryMD.com has satisfied the conference requirement of 37 C.F.R. § 42.121(a)
`for this proceeding.
`
`
`
`1 During the conference call, EveryMD.com also represented that, on May 4, 2018,
`the U.S. Court of Appeals for the Federal Circuit denied its request for rehearing
`with respect to the “Rule 36 Judgment” entered in EveryMD.com LLC v.
`Facebook, Inc., No. 2017-2105. Ex. 3001. EveryMD.com explained that it was
`contemplating whether to file a petition for writ of certiorari with the Supreme
`Court. We instructed EveryMD.com to email us at Trials@uspto.gov as soon as it
`decides whether to pursue this course of action.
`2
`
`
`
`IPR2018-00050
`Patent 8,504,631 B2
`
`For PETITIONER:
`
`Heidi L. Keefe
`Andrew C. Mace
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`zFBEveryMD@cooley.com
`
`
`
`
`For PATENT OWNER:
`
`Frank Michael Weyer
`TECHCOASTLAW
`fweyer@techcoastlaw.com
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
