`Tel: 571-272-7822
`
`
`
`
`Paper 15
`Entered: December 3, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`ZTE (USA) INC.,
`Petitioner,
`
`v.
`
`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
`Patent Owner.
`_______________
`
`Case IPR2018-01076
`U.S. Patent 7,893,655 B2
`_______________
`
`
`Before LYNNE E. PETTIGREW, JO-ANNE M. KOKOSKI, and
`PAUL J. KORNICZKY, Administrative Patent Judges.
`
`KORNICZKY, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Denying Motion for Joinder
`35 U.S.C. § 315(c); 37 C.F.R. § 42.122(b)
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-01076
`Patent 7,893,655 B2
`
`
`Petitioner ZTE (USA), Inc. filed a motion to join (Paper 4, “Mot.”)
`
`this proceeding with Huawei Device Co., Ltd. et al. v. Fundamental
`
`Innovation Systems International LLC, IPR2018-000479. See 35 U.S.C.
`
`§ 315(c); 37 C.F.R. 42.122(b). Because IPR2018-00479 has been
`
`terminated, and because a trial was not instituted in the instant proceeding,
`
`Petitioner’s motion is denied.
`
`DISCUSSION
`
`The statutory provision governing joinder of inter partes review
`
`proceedings is 35 U.S.C. § 315(c), which reads as follows:
`
`(c) JOINDER. If the Director institutes an inter partes review,
`the Director, in his or her discretion, may join as a party to that
`inter partes review any person who properly files a petition under
`section 311 that the Director, after receiving a preliminary
`response under section 313 or the expiration of the time for filing
`such a response, determines warrants the institution of an inter
`partes review under section 314.
`
`As is apparent from the statute, joinder is possible only if an inter partes
`
`review is instituted.
`
`Petitioner seeks joinder with IPR2018-00479. Mot. 1. On
`
`September 26, 2018, the Board granted the joint request of the parties in
`
`IPR2018-00479 to terminate that proceeding. IPR2018-00479, Paper 14.
`
`Thus, there is no pending proceeding for Petitioner to join. In addition,
`
`because the present Petition has been denied (see Paper 14), the joinder
`
`statute’s prerequisite of an instituted review has not been met. Petitioner’s
`
`request for joinder is, therefore, denied.
`
`
`
`
`
`2
`
`
`
`IPR2018-01076
`Patent 7,893,655 B2
`
`
`For the reasons discussed above, it is ORDERED that Petitioner’s
`
`ORDER
`
`motion to join is denied.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-01076
`Patent 7,893,655 B2
`
`
`PETITIONER:
`
`Charles McMahon
`cmcmahon@mwe.com
`
`Hersh Mehta
`hmehta@mwe.com
`
`PATENT OWNER:
`
`Hong Zhong
`hzhong@irell.com
`
`Michael Fleming
`mfleming@irell.com
`
`
`
`
`
`
`
`
`
`
`4
`
`
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