`571-272-7822
`
`
`
`
`
` Paper 54
`Date: August 9, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`NETFLIX, INC.,
`Petitioner,
`v.
`DIVX, LLC,
`Patent Owner.
`____________
`
`IPR2020-00511
`Patent 9,184,920 B2
`____________
`
`
`Before KEVIN F. TURNER, BART A. GERSTENBLITH, and
`IFTIKHAR AHMED, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2020-00511
`Patent 9,184,920 B2
`
`
`DISCUSSION
`I.
`A conference call in inter partes review IPR2020-00511, involving
`U.S. Patent No. 9,184,920 B2 (Ex. 1001, “the ’511 patent”), occurred on
`July 21, 2023. Respective counsel for Petitioner and Patent Owner, and
`Judges Gerstenblith and Ahmed were in attendance. A transcript of the
`conference call is in the record as Exhibit 1035. The purpose of the call was
`to discuss the remand of this case by the U.S. Court of Appeals for the
`Federal Circuit. See Netflix, Inc. v. DivX, LLC, No. 22-1043, 2023 WL
`3115576 (Fed. Cir. Apr. 27, 2023).
`The full discussion during the call is set forth in the transcript and is
`not repeated herein. In short, the parties presented their positions as to how
`to address the issues remaining on remand. We determined that additional
`briefing would be helpful to our consideration of the issues on remand and
`therefore ordered that each party may file an initial brief on remand of up to
`twelve (12) pages, due by August 11, 2023, and a responsive brief on
`remand of up to twelve (12) pages, due by August 25, 2023. Neither party
`sought to submit new evidence; new evidence is not authorized at this time.
`
`II. ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that each party may file an initial brief on remand, limited
`to a maximum of twelve (12) pages, by August 11, 2023, as outlined above
`and in Exhibit 1035;
`FURTHER ORDERED that each party may file a responsive brief on
`remand, limited to twelve (12) pages by August 25, 2023, as outlined above
`and in Exhibit 1035; and
`
`2
`
`
`
`IPR2020-00511
`Patent 9,184,920 B2
`
`
`FURTHER ORDERED that the parties may not submit new evidence
`in support of the initial or responsive briefs without seeking Board
`authorization.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2020-00511
`Patent 9,184,920 B2
`
`For PETITIONER:
`
`Harper Batts
`Jeffrey Liang
`Chris Ponder
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`HBatts@sheppardmullin.com
`CPonder@sheppardmullin.com
`JLiang@sheppardmullin.com
`
`
`For PATENT OWNER:
`
`Kenneth J. Weatherwax
`Bridget Smith
`Flavio Rose
`Edward Hsieh
`Parham Hendifar
`Patrick Maloney
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`smith@lowensteinweatherwax.com
`rose@lowensteinweatherwax.com
`hsieh@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`maloney@lowensteinweatherwax.com
`
`
`4
`
`
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
