throbber
Paper 70
`Date: October 21, 2019
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION, CAVIUM, LLC, and
`DELL INC.,1
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`Cases IPR2018-00226 (Patent 7,124,205 B2)
`IPR2018-00234 (Patent 8,805,948 B2)
`IPR2018-00401 (Patent 7,945,699 B2)
`____________
`
`Before DANIEL N. FISHMAN and CHARLES J. BOUDREAU,
`Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`
`1 Cavium, Inc., which filed petitions in Cases IPR2018-00400 and IPR2018-00403,
`and Dell Inc., which filed petitions in IPR2018-01306 and IPR2018-01307, were
`joined as petitioners in IPR2018-00226 and IPR2018-00234, respectively. Intel
`Corporation, which filed a petition in IPR2018-01352, was joined as a petitioner in
`IPR2018-00401 and was designated as the primary petitioner. According to
`updated mandatory notices filed in the identified proceedings, Cavium, Inc. has
`now been converted to Cavium, LLC. See, e.g., IPR2018-00226, Paper 28.
`
`
`

`

`IPR2018-00226 (Patent 7,124,205 B2)
`IPR2018-00234 (Patent 8,805,948 B2)
`IPR2018-00401 (Patent 7,945,699 B2)
`
`
`
`
`
`ORDER2
`Authorizing Briefing Regarding Preserving the Record Pending Appeal
`37 C.F.R. §§ 42.5, 42.56
`
`Responsive to an email message to the Board from Petitioner (Intel
`Corporation) received on October 14, 2019, a conference call was conducted on
`October 18, 2019 to discuss Petitioner’s request for an extension of time to file any
`motions to expunge. The conference call included counsel for the parties and
`Judges Boudreau and Fishman.
`Petitioner argued in the conference call that it is still determining whether to
`file appeals to the United States Court of Appeals for the Federal Circuit in these
`three cases and the deadline for such filings has not yet passed. Moreover, the
`deadline for filing any motions to expunge the record has not been clearly
`identified by this panel and Petitioner is concerned the deadline may pass soon if it
`has not already passed. Therefore, Petitioner requests authorization to file a
`motion to extend the deadline for filing any such motions to expunge in these three
`cases. Specifically, Petitioner seeks an extension of forty-five (45) days beyond
`the deadline to file an appeal if Petitioner chooses not to file any such appeals. In
`the alternative, if Petitioner decides to file an appeal in any of these three cases,
`Petitioner seeks an extension of forty-five (45) days beyond the date that any
`decisions of the Federal Circuit become final for all such appeals in these cases.
`In the conference call, Patent Owner did not object to granting authorization
`to file the proposed motions if it is also granted authorization to file corresponding
`
`
`2 This order addresses issues that are similar in all identified cases. We exercise
`our discretion to issue one order to be filed in each case. The parties are not
`authorized to use this style heading in subsequent papers.
`2
`
`
`

`

`IPR2018-00226 (Patent 7,124,205 B2)
`IPR2018-00234 (Patent 8,805,948 B2)
`IPR2018-00401 (Patent 7,945,699 B2)
`
`
`
`oppositions to the motions. Petitioner indicated in the conference call that it would
`confer with Patent Owner in hopes of filing the motions unopposed.
`We authorize the requested filings as follows. In each of the above-
`identified matters, Petitioner is authorized to file a Motion to Preserve the Record
`Pending Appeal no later than Wednesday October 23, 2019 and not to exceed five
`(5) pages in length. In each of the above-identified matters, if Patent Owner
`opposes Petitioner’s motion, Patent Owner is authorized to file an Opposition to
`Petitioner’s Motion to Preserve the Record Pending Appeal no later than Monday
`October 28, 2019 and no longer than five (5) pages in length.
`Furthermore, all presently sealed papers and exhibits will remain sealed until
`further orders from this panel. Still further, the deadline for filing of any motions
`to expunge the record is extended until further orders from this panel.
`
`Accordingly, it is
`ORDERED that, in each of the above-identified matters, Petitioner is
`authorized to file a Motion to Preserve the Record Pending Appeal no later than
`Wednesday October 23, 2019 and not to exceed five (5) pages in length;
`FURTHER ORDERED that, in each of the above-identified matters, if
`Patent Owner opposes Petitioner’s motion, Patent Owner is authorized to file an
`Opposition to Petitioner’s Motion to Preserve the Record Pending Appeal no later
`than Monday October 28, 2019 and no longer than five (5) pages in length;
`FURTHER ORDERED that, in each of the above-identified matters, all
`presently sealed papers and exhibits will remain sealed until further orders from
`this panel; and
`
`3
`
`
`

`

`
`
`IPR2018-00226 (Patent 7,124,205 B2)
`IPR2018-00234 (Patent 8,805,948 B2)
`IPR2018-00401 (Patent 7,945,699 B2)
`
`
`
`FURTHER ORDERED that, in each of the above-identified matters, the
`deadline for filing any motions to extend is extended until further orders from this
`panel.
`
`PETITIONER:
`Garland T. Stephens
`Jeremy Jason Lang
`WEIL, GOTSHAL & MANGES LLP
`garland.stephens@weil.com
`jason.lang@weil.com
`
`David Xue
`RIMÔN, LAW
`david.xue@rimonlaw.com
`
`Brady Cox
`ALSTON & BIRD LLP
`brady.cox@alston.com
`
`PATENT OWNER:
`
`James M. Glass
`Joseph Paunovich
`Brian Mack
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`jimglass@quinnemanuel.com
`joepaunovich@quinnemanuel.com
`brianmack@quinnemanuel.com
`
`4
`
`
`

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