`Tel: 571-272-7822
`
`
`
`
`Paper 37
`Date: January 31, 2022
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CHEGG, INC., MATCH GROUP, LLC, AND RPX CORPORATION,
`Petitioner,
`
`v.
`
`NETSOC, LLC,
`Patent Owner.
`____________
`
`IPR2019-01165 (Patent 9,978,107 B2)
` IPR2019-01171 (Patent 9,978,107 B2)
`____________
`
`
`
`
`Before KALYAN K. DESHPANDE, SHEILA F. McSHANE, and
`STEVEN M. AMUNDSON, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`
`
`DECISION
`Decision on Remand Dismissing Petitions
`37 C.F.R. § 42.72
`
`
`
`
`
`
`
`
`
`
`IPR2019-01165 (Patent 9,978,107 B2)
`IPR2019-01171 (Patent 9,978,107 B2)
`
`
`In December 2020, we issued a Final Written Decision in IPR2019-
`01165 and a Final Written Decision in IPR2019-01171, determining in each
`proceeding that Petitioner had shown by a preponderance of the evidence
`that all claims in U.S. Patent No. 9,978,107 B2 (“the ’107 patent”) are
`unpatentable under 35 U.S.C. § 103(a). IPR2019-01165, Paper 33;
`IPR2019-01171, Paper 39.
`In February 2021, Patent Owner filed a Notice of Appeal to the
`Federal Circuit in each proceeding. IPR2019-01165, Paper 36; IPR2019-
`01171, Paper 41.
`On December 31, 2020, the Federal Circuit affirmed a district court’s
`decision that all claims in the ’107 patent are directed to patent-ineligible
`subject matter under 35 U.S.C. § 101. See NetSoc, LLC v. Match Group,
`LLC, 838 F. App’x 544, 550 (Fed. Cir. 2020), cert. denied, 2021 WL
`2405174, at *1 (June 14, 2021).
`On appeal from these proceedings, the Federal Circuit determined that
`the appeals are moot in light of the intervening decision in NetSoc and
`vacated the Final Written Decision in each proceeding. NetSoc, LLC v.
`Chegg Inc., 21-1619, Dkt. No. 24 (Fed. Cir. Dec. 7. 2021), at 2.
`Additionally, the Federal Circuit remanded with instructions to dismiss. Id.
`As instructed by the Federal Circuit, we dismiss the Petition in
`IPR2019-01165 and dismiss the Petition in IPR2019-01171. See 37 C.F.R.
`§ 42.72.
`
`ORDER
`
`Accordingly, it is
`ORDERED that the Petition in IPR2019-01165 is dismissed; and
`
`2
`
`
`
`IPR2019-01165 (Patent 9,978,107 B2)
`IPR2019-01171 (Patent 9,978,107 B2)
`
`
`FURTHER ORDERED that the Petition in IPR2019-01171 is
`dismissed.
`
`
`
`
`3
`
`
`
`IPR2019-01165 (Patent 9,978,107 B2)
`IPR2019-01171 (Patent 9,978,107 B2)
`
`PETITIONER:
`
`Nathan J. Rees
`R. Ross Viguet
`Robert L. Greeson
`Erik Janitens
`NORTON ROSE FULBRIGHT US LLP
`nate.rees@nortonrosefulbright.com
`ross.viguet@nortonrosefulbright.com
`robert.greeson@nortonrosefulbright.com
`erik.janitens@nortonrosefulbright.com
`
`
`
`PATENT OWNER:
`
`William P. Ramey, III
`Melissa D. Schwaller
`RAMEY & SCHWALLER, LLP
`wramey@rameyfirm.com
`mschwaller@rameyfirm.com
`
`
`4
`
`
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