Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 10
`Entered: January 29, 2019
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORPORATION,
`Petitioner,
`v.
`QUALCOMM INCORPORATED,
`Patent Owner.
`
`
`Cases
`IPR2018-01261
`IPR2018-01293
`IPR2018-01295
`IPR2018-01344
`IPR2018-01346
`Patent 9,535,490 B2
`
`
`
`Before DANIEL N. FISHMAN, DANIEL J. GALLIGAN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`ORDER
`Consolidation of Proceedings
`37 C.F.R. § 42.122(a)
`
`
`
`Tel: 571-272-7822
`
`Paper 10
`Entered: January 29, 2019
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORPORATION,
`Petitioner,
`v.
`QUALCOMM INCORPORATED,
`Patent Owner.
`
`
`Cases
`IPR2018-01261
`IPR2018-01293
`IPR2018-01295
`IPR2018-01344
`IPR2018-01346
`Patent 9,535,490 B2
`
`
`
`Before DANIEL N. FISHMAN, DANIEL J. GALLIGAN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`ORDER
`Consolidation of Proceedings
`37 C.F.R. § 42.122(a)
`
`
`
`
`
`
`INTRODUCTION
`In recent separate decisions, we instituted inter partes reviews in
`Cases IPR2018-01261 (Paper 8, instituted January 15, 2019), IPR2018-
`01293 (Paper 8, instituted January 15, 2019), IPR2018-01295 (Paper 8,
`instituted January 15, 2019), IPR2018-01344 (Paper 8, instituted January 23,
`2019), and IPR2018-01346 (Paper 8, instititued January 23, 2019). These
`five proceedings involve the same parties, the same patent, and overlapping
`prior art. On January 25, 2019, we held a conference call with the parties to
`discuss consolidation of these cases, and this Order reflects the substance of
`what we advised the parties on the call.
`In order to secure just, speedy, and inexpensive resolutions of all five
`proceedings, and to administer the proceedings efficiently, we exercise our
`authority to consolidate the trials in IPR2018-01293, IPR2018-01295,
`IPR2018-01344, and IPR2018-01346 with the trial in IPR2018-01261. See
`37 C.F.R. §§ 42.1(b), 42.122(a).
`IPR2018-01293, IPR2018-01295, IPR2018-01344, and IPR2018-
`01346, as separate proceedings, are no longer necessary, and are terminated.
`See 37 C.F.R. § 42.72. Unless otherwise ordered, any further papers and
`exhibits shall be filed only in IPR2018-01261. Consequently, Patent Owner
`may file only one Patent Owner Response (addressing all claims at issue in
`the consolidated cases) and/or one Motion to Amend (directed to any of the
`claims at issue in the consolidated cases), Petitioner may file only one Reply
`to the Patent Owner Response and one Opposition to Motion to Amend, and
`Patent Owner may file only one Sur-Reply to Petitioner’s Reply and one
`Reply to Petitioner’s Opposition to Motion to Amend, as appropriate. Page
`and word count limitations, as set forth in our Rules, shall apply to any such
`papers. During the call, however, the parties indicated that they may jointly
`
`2
`
`
`
`
`
`request a reasonable number of additional pages for these papers. We will
`rule on any such request as soon as practicable. The parties are advised to
`make such requests as soon as possible because requests made right before
`the filing deadlines may not be granted in time.
`Petitioner filed a number of exhibits in each case that are duplicates of
`exhibits in other cases but numbered uniquely in each case and cited
`according to the unique exhibit number in each corresponding petition and
`preliminary response. The parties are ordered to confer and file a paper in
`surviving case IPR2018-01261 that identifies exhibits that are substantively
`identical among all five cases. Such duplicated exhibits shall not be re-filed
`in case IPR2018-01261. Exhibits that are unique to a particular case that is
`now consolidated into surviving case IPR2018-01261 will be re-filed in
`surviving case IPR2018-01261. All further filed papers will refer to exhibit
`numbers in surviving case IPR2016-01261.
`
`
`ORDERS
`In consideration of the foregoing, it is hereby:
`ORDERED that the trials of IPR2018-01293, IPR2018-01295,
`IPR2018-01344, and IPR2018-01346, are consolidated with the trial of
`IPR2018-01261, and a copy of this Order is filed in all five cases;
`FURTHER ORDERED that the grounds of unpatentability on which
`the consolidated trial shall proceed are as follows:
`(1) claims 1, 4–6, 8, 9, 11–13, 16, 20, 22–24, 26–28, 30, and 31 as
`obvious over Heinrich and Balasubramanian; and
`(2) claims 2, 3, and 17 as obvious over Heinrich, Balasubramanian,
`and Tsai.
`
`3
`
`
`
`
`
`FURTHER ORDERED that IPR2018-01293, IPR2018-01295,
`IPR2018-01344, and IPR2018-01346 are terminated;
`FURTHER ORDERED that, unless otherwise ordered, each Party
`shall file any exhibits previously filed only in IPR2018-01293, IPR2018-
`01295, IPR2018-01344, or IPR2018-01346, in surviving case IPR2018-
`01261 within ten (10) business days of the entry of this Order;
`FURTHER ORDERED that each Party shall file an exhibit list in
`IPR2018-01261 identifying (1) the exhibits previously filed in IPR2018-
`01261 and (2) the exhibits previously filed only in IPR2018-01293,
`IPR2018-01295, IPR2018-01344, or IPR2018-01346, but newly filed in
`IPR2018-01261, within ten (10) business days of the entry of this Order;
`FURTHER ORDERED that the parties shall jointly file a paper in
`surviving case IPR2018-01261 that identifies exhibits that are substantively
`identical among all five cases; and
`FURTHER ORDERED that the case caption in IPR2018-01261 shall
`be changed to reflect the consolidation of IPR2018-01293, IPR2018-01295,
`IPR2018-01344, and IPR2018-01346 with IPR2018-01261, in accordance
`with the attached example.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`PETITIONER:
`
`Jason Kipnis
`Jason.kipnis@wilmerhale.com
`
`David Cavanaugh
`David.cavanaugh@wilmerhale.com
`
`Joseph Haag
`Joseph.haag@wilmerhale.com
`
`PATENT OWNER:
`
`David Maiorana
`dmaiorana@jonesday.com
`
`Matthew Johnson
`mwjohnson@jonesday.com
`
`Joseph Sauer
`jmsauer@jonesday.com
`
`Richard Graham
`ragraham@jonesday.com
`
`Joshua Nightingale
`jrnightingale@jonesday.com
`
`David Cochran
`dcochran@jonesday.com
`
`
`
`5
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`INTEL CORPORATION,
`Petitioner,
`v.
`QUALCOMM INCORPORATED,
`Patent Owner.
`
`
`Cases IPR2018-01261
`Patent 9,535,490 B21
`
`
`
`
`Before DANIEL N. FISHMAN, DANIEL J. GALLIGAN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`1 IPR2018-01293, IPR2018-01295, IPR2018-01344, and IPR2018-01346
`have been consolidated with the instant proceeding.
`6
`
`
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
