`571-272-7822
`
`
`
`
`
`
`Paper 10
`Entered: June 19, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`
`____________
`
`IPR2020-00441
`Patent 8,949,954 B2
`____________
`
`
`
`Before PATRICK M. BOUCHER, STACY B. MARGOLIES, and
`MICHAEL T. CYGAN, Administrative Patent Judges.
`
`
`BOUCHER, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`35 U.S.C. § 314(a)
`
`Subsequent to the filing of the Petition and Preliminary Response in
`
`this proceeding, the Office designated as precedential Apple Inc. v. Fintiv,
`
`Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020) (precedential). In
`
`accordance with our authorization, the parties filed a Reply and a Sur-Reply
`
`
`
`IPR2020-00441
`Patent 8,949,954 B2
`
`addressing the impact of that designation on Patent Owner’s argument that
`
`we should exercise our discretion under 35 U.S.C. § 314(a) to deny the
`
`Petition in light of the advanced state of related district court litigation.
`
`Papers 8, 9.
`
`Subsequent to that briefing, the district court issued an order
`
`transferring the district court litigation to the Northern District of California.
`
`Ex. 1034. In considering the issue raised by Patent Owner’s argument, the
`
`panel would benefit from a more clear understanding of whether a schedule
`
`has been set in the transferred case, and if not, the parties’ expectations
`
`regarding the case schedule. In addition, the parties should address any
`
`effect on the NHK/Fintiv factor of “investment in the parallel proceeding by
`
`the court and parties,” including whether either party anticipates seeking to
`
`revisit issues previously decided in the Eastern District of Texas, such as
`
`claim-construction rulings.
`
`
`
`Accordingly, it is
`
`ORDERED that each of Petitioner and Patent Owner is authorized to
`
`file, by June 24, 2020, a paper of no more than two pages in length,
`
`summarizing its position regarding the status and anticipated progression of
`
`the transferred district court proceeding.
`
`
`
`2
`
`
`
`IPR2020-00441
`Patent 8,949,954 B2
`
`PETITIONER:
`
`Naveen Modi
`Joseph E. Palys
`Daniel Zeilberger
`Arvind Jairam
`Jason Heidemann
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`danielzeilberger@paulhastings.com
`arvindjairam@paulhastings.com
`jasonheidemann@paulhastings.com
`
`
`
`PATENT OWNER:
`
`Ryan Loveless
`Brett Mangrum
`James Etheridge
`Brian Koide
`Jeffrey Huang
`ETHERIDGE LAW GROUP
`ryan@etheridgelaw.com
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`brian@etheridgelaw.com
`jeff@etheridgelaw.com
`
`
`3
`
`
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