`571-272-7822
`
`
`
`
`Paper 12
`Entered: September 18, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`SEVEN NETWORKS, LLC,
`Patent Owner.
`_______________
`
`IPR2018-01106 (Patent 9,516,127) IPR2018-01108 (Patent 9,516,127)
`IPR2018-01113 (Patent 8,811,952) IPR2018-01114 (Patent 8,811,952)
`IPR2018-01120 (Patent 9,247,019) IPR2018-01122 (Patent 9,325,600)
`IPR2018-01124 (Patent 9,351,254) IPR2018-01125 (Patent 9,351,254)
` IPR2018-01126 (Patent 9,516,129) IPR2018-01127 (Patent 9,553,816)1
`____________
`
`
`Before THU A. DANG, KARL D. EASTHOM, JONI Y. CHANG,
`THOMAS L. GIANNETTI, ROBERT J. WEINSCHENK, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.2
`
`CHANG, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`1 This Order applies to each of the above-listed proceedings. We exercise
`our discretion to issue one Order to be filed in each proceeding. The parties
`are not authorized to use this heading style in any subsequent papers.
`
`2 This is not an expanded panel of the Board. It is a listing of all the Judges
`on the panels of the above-listed proceedings.
`
`
`
`
`
`IPR2018-01106 (Patent 9,516,127) IPR2018-01108 (Patent 9,516,127)
`IPR2018-01113 (Patent 8,811,952) IPR2018-01114 (Patent 8,811,952)
`IPR2018-01120 (Patent 9,247,019) IPR2018-01122 (Patent 9,325,600)
`IPR2018-01124 (Patent 9,351,254) IPR2018-01125 (Patent 9,351,254)
`IPR2018-01126 (Patent 9,516,129) IPR2018-01127 (Patent 9,553,816)
`
`
`On August 29, 2018, we requested the parties to meet and confer
`
`regarding Patent Owner’s proposed discovery request. Paper 9, 3−4.3 In the
`
`prior Order, we also indicated that, if an agreement is not reached as a result
`
`of the meet and confer, Patent Owner was authorized to file a motion for
`
`additional discovery, Petitioner was authorized to file an opposition, and
`
`Patent Owner was authorized to file a reply. Id.
`
`On September 12, 2018, the parties jointly emailed the Board to
`
`inform us that “the parties have reached a mutually acceptable agreement
`
`and compromise on the currently pending discovery dispute, avoiding the
`
`need for additional briefing or Board intervention.” Ex. 3001. We thank the
`
`parties for working together to resolve this discovery dispute.
`
`In view of the parties’ agreement, a motion for additional discovery is
`
`not necessary. As such, our prior authorization (Paper 9, 3−4) for filing a
`
`motion for additional discovery, an opposition, and a reply is hereby
`
`withdrawn.
`
`Should Patent Owner file a paper or evidence, under seal, that
`
`includes Petitioner’s confidential information, the parties are authorized to
`
`file a joint motion to seal, along with a jointly proposed protective order
`
`(such as the default protective order set forth in the Office Patent Trial
`
`Practice Guide, 77 Fed. Reg. 48,756, Appendix B (Aug. 14, 2012)), and a
`
`redacted version of the paper or evidence that is available to the public. For
`
`further guidance, the parties are directed to Argentum Pharm. LLC v. Alcon
`
`
`3 We cite to the record in IPR2018-01106, unless otherwise noted.
`
`2
`
`
`
`IPR2018-01106 (Patent 9,516,127) IPR2018-01108 (Patent 9,516,127)
`IPR2018-01113 (Patent 8,811,952) IPR2018-01114 (Patent 8,811,952)
`IPR2018-01120 (Patent 9,247,019) IPR2018-01122 (Patent 9,325,600)
`IPR2018-01124 (Patent 9,351,254) IPR2018-01125 (Patent 9,351,254)
`IPR2018-01126 (Patent 9,516,129) IPR2018-01127 (Patent 9,553,816)
`
`Research, Ltd., Case IPR2017-01053 (PTAB Jan. 19, 2018) (Paper 27)
`
`(informative); Agilent Technologies, Inc. v. Thermo Fisher Sci. Inc.,
`
`Case IPR2018-00297 (PTAB Aug. 23, 2018) (Paper 29).
`
`In consideration of the foregoing, it is hereby
`
`ORDER
`
`ORDERED that, should Patent Owner file a paper or evidence, under
`
`seal, that includes Petitioner’s confidential information, the parties are
`
`authorized to file a joint motion to seal, along with a jointly proposed
`
`protective order, and a redacted version of the paper or evidence that is
`
`available to the public.
`
`
`
`
`
`3
`
`
`
`IPR2018-01106 (Patent 9,516,127) IPR2018-01108 (Patent 9,516,127)
`IPR2018-01113 (Patent 8,811,952) IPR2018-01114 (Patent 8,811,952)
`IPR2018-01120 (Patent 9,247,019) IPR2018-01122 (Patent 9,325,600)
`IPR2018-01124 (Patent 9,351,254) IPR2018-01125 (Patent 9,351,254)
`IPR2018-01126 (Patent 9,516,129) IPR2018-01127 (Patent 9,553,816)
`
`PETITIONER:
`
`W. Karl Renner
`Jeremy Monaldo
`Roberto Devoto
`Kim Leung
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`jjm@fr.com
`devoto@fr.com
`leung@fr.com
`
`
`PATENT OWNER:
`
`Kenneth J. Weatherwax
`Edward Hsieh
`Parham Hendifar
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hsieh@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`
`Sangeeta G. Shah
`David S. Bir
`Richard J. Cantor
`BROOKS KUSHMAN P.C.
`sshah@brookskushman.com
`dbir@brookskushman.com
`rjcantor@brookskushman.com
`
`4
`
`
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