`571-272-7822
`
`
`
`
`Paper 39
`
`Entered: May 4, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMAZON.COM, INC.,
`Petitioner,
`
`v.
`
`CUSTOMPLAY, LLC,
`Patent Owner.
`____________
`
`IPR2018-01496 (Patent 8,494,346 B2)
`IPR2018-01497 (Patent 9,124,950 B2)
`IPR2018-01498 (Patent 9,380,282 B2)
`____________
`
`
`Before J. JOHN LEE, JESSICA C. KAISER, and JOHN R. KENNY,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`
`IPR2018-01496 (Patent 8,494,346 B2)
`IPR2018-01497 (Patent 9,124,950 B2)
`IPR2018-01498 (Patent 9,380,282 B2)
`
`
`On April 3, 2020, we extended the deadline for filing a request for
`rehearing of our Final Written Decision in each of the above-captioned cases
`by 30 days. See, e.g., Amazon.com, Inc. v. CustomPlay, LLC, IPR2018-
`01496, Paper 35 (PTAB Apr. 3, 2020). Patent Owner contacted the Board
`via email to request a further extension of the deadline to June 1, 2020, in
`each case.
`
`On March 27, 2020, the Coronavirus Aid, Relief, and Economic
`Security Act, Pub. L. No. 116-136, ___ Stat. ___ (2020) (“CARES Act”)
`was enacted. Section 12004(a) of the CARES Act authorizes the Director to
`“toll, waive, adjust, or modify” deadlines established by certain statutes and
`regulations, which include the deadlines relevant here. Pursuant to that
`authority, on March 31, 2020, the Office issued the Notice of Waiver of
`Patent-Related Timing Deadlines under the Coronavirus Aid, Relief, and
`Economic Security Act. On April 28, 2020, the Office issued the Notice of
`Extended Waiver of Patent-Related Timing Deadlines under the Coronavirus
`Aid, Relief, and Economic Security Act and Other Relief Available to Patent
`Applicants and Patentees* (“Second CARES Act Notice”).
`The Second CARES Act Notice provides that certain filings due
`between March 27, 2020, and April 30, 2020, will be considered timely if
`filed on or before June 1, 2020. Second CARES Act Notice 2. To qualify
`for this extension, the filing must be accompanies by a statement that the
`delay in filing was due to the COVID-19 outbreak. Id. A delay “due to the
`COVID-19 outbreak” is defined as occurring “if a . . . patent owner . . . was
`
`* The Second CARES Act Notice is available at https://www.uspto.gov/sites/
`default/files/documents/Patents-Notice-CARES-Act-2020-04.pdf.
`
`2
`
`
`
`IPR2018-01496 (Patent 8,494,346 B2)
`IPR2018-01497 (Patent 9,124,950 B2)
`IPR2018-01498 (Patent 9,380,282 B2)
`
`personally affected by the COVID-19 outbreak, including, without
`limitation, through office closures, cash flow interruptions, inaccessibility of
`files or other materials, travel delays, personal or family illness, or similar
`circumstances, such that the outbreak materially interfered with timely
`filing.” Id. at 2–3. Although a request for rehearing of a final written
`decision under 37 C.F.R. § 42.71(d) is not specifically identified as one of
`the filings subject to the Second CARES Act Notice, the Notice provides for
`requests for extensions of time in additional situations “where the COVID-
`19 outbreak has prevented or interfered with a filing before the Board.”
`Second CARES Act Notice 3.
`Under 37 C.F.R. § 42.71(d), a request for rehearing of a final written
`decision is due within 30 days of the entry of the decision. Each of the Final
`Written Decisions in the above-captioned cases was entered between
`March 4 and March 11, 2020. See, e.g., Amazon.com, Inc. v. CustomPlay,
`LLC, IPR2018-01496, Paper 34 (PTAB Mar. 4, 2020). As noted above, we
`previously granted a 30-day extension for filing requests for rehearing with
`respect to those Decisions. Nevertheless, any such rehearing requests would
`still be due between March 27, 2020, and April 30, 2020. In its most recent
`request, Patent Owner affirmed that the COVID-19 outbreak has materially
`interfered with filing its rehearing requests. Based on that representation, we
`conclude that an additional extension to June 1, 2020, is warranted.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2018-01496 (Patent 8,494,346 B2)
`IPR2018-01497 (Patent 9,124,950 B2)
`IPR2018-01498 (Patent 9,380,282 B2)
`
`
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the deadline for filing requests for rehearing of the
`Final Written Decision in each of the above-captioned cases is extended to
`June 1, 2020.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2018-01496 (Patent 8,494,346 B2)
`IPR2018-01497 (Patent 9,124,950 B2)
`IPR2018-01498 (Patent 9,380,282 B2)
`
`PETITIONER:
`
`Colin B. Heideman
`Joseph R. Re
`Christie R.W. Matthaei
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2cbh@knobbe.com
`2jrr@knobbe.com
`2crw@knobbe.com
`
`
`PATENT OWNER:
`
`Bryan E. Wilson
`Adam C. Underwood
`CAREY RODRIGUEZ MILIAN GONYA, LLP
`bwilson@careyrodriguez.com
`aunderwood@careyrodriguez.com
`
`
`5
`
`
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