`571-272-7822
`
`Paper 27
`Entered: October 15, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`GLUX VISUAL EFFECTS TECH (SHENZHEN) CO.,
`LEYARD OPTOELECTRONIC CO.,
`SHENZHEN LIANTRONICS CO., LTD., and
`UNILUMIN GROUP CO., LTD.,
`Petitioner,
`
`v.
`
`ULTRAVISION TECHNOLOGIES, LLC,
`Patent Owner.
`
`
`IPR2020-01049 (Patent 9,990,869 B1)
`IPR2021-01050 (Patent 9,978,294 B1)
` IPR2021-01052 (Patent 9,047,791 B1)1
`
`
`
`Before DENISE M. POTHIER, SCOTT A. DANIELS, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`POTHIER, Administrative Patent Judge.
`
`
`DECISION
`Granting Petitioner’s Motion to Submit Supplemental Information
`37 C.F.R. § 42.123
`
`
`
`
`1 This Decision addresses issues that are the same in all three cases. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`
`
`IPR2020-01049 (Patent 9,990,869 B1)
`IPR2021-01050 (Patent 9,978,294 B1)
`IPR2021-01052 (Patent 9,047,791 B1)
`
`
`In each captioned proceeding, we entered a Decision to Institute the
`
`requested inter partes review. See, e.g., IPR2020-01049, Paper 10.2 On
`
`December 21, 2020, Petitioner requested authorization to file a motion to
`
`submit supplemental information in each proceeding, and we granted
`
`authorization.
`
`On January 25, 2021, Petitioner filed a Motion to Submit
`
`Supplemental Information in each proceeding. See, e.g., IPR2020-01049,
`
`Paper 12 (“Mot.”). In the proceedings, Petitioner moves to submit Exhibits
`
`1019–1023, “Claim Construction Memorandum and Order,” “Plaintiff
`
`[Patent Owner] Ultravision Tech., LLC’s Corrected Objections to Claim
`
`Construction Memorandum and Order,” “Supplemental Claim Construction
`
`Order,” “Defendants’ Response to Plaintiff’s Corrected Objections to the
`
`Claim Construction Memorandum and Order,” and “Order [on Claim
`
`Construction Memorandum Opinion and Order and Objections to that
`
`Order],” from the district court proceeding into the record as supplemental
`
`information. See, e.g., id. at 12, 2.3
`
`Petitioner contends that the exhibits are “documents from the related
`
`district court proceeding, Ultravision Technologies, LLC v. GoVision, LLC,
`
`Case No. 2:18-cv-00100-JRGRSP (E.D. Tex.).” See, e.g., Mot. 2. Petitioner
`
`also states the exhibits “provide additional information regarding the claim
`
`
`2 In this Decision, we provide citations to the record of IPR2020-01049,
`unless otherwise indicated. Similar papers appear in the record of each
`captioned proceeding. As an example, our Decision to Institute the inter
`partes review for IPR2020-01052 was entered November 23, 2020.
`IPR2020-01052, Paper 9.
`
`3 See also IPR2020, Paper 12, 2 (Exhibits 1019–1023), and IPR2020-01052,
`Paper 11, 2 (Exhibits 1025–1029).
`
`2
`
`
`
`IPR2020-01049 (Patent 9,990,869 B1)
`IPR2021-01050 (Patent 9,978,294 B1)
`IPR2021-01052 (Patent 9,047,791 B1)
`
`proceedings in the related District Court actions, Ultravision Technologies,
`
`LLC v. GoVision, LLC, Case No. 2:18-cv-00100-JRG-RSP (E.D. Tex.) and
`
`Ultravision Technologies, LLC v. Glux Visual Effects Tech (Shenzhen) Co.,
`
`Case No. 2:18-cv-00099-JRG-RSP (E.D. Tex.) (in which the parties have
`
`agreed the district court should adopt the claim construction rulings from the
`
`GoVision proceedings).” See, e.g. id., at 3. Petitioner also contends the
`
`information in the exhibits “is relevant to a claim for which trial has been
`
`instituted because the district court litigations involve the same claims at
`
`issue in the proceeding.” See, e.g., id. Petitioner further contends that its
`
`motions meet the requirements for submission of supplemental information
`
`as set forth in 37 C.F.R. § 42.123(a) because the motions are timely and the
`
`exhibits are relevant to a claim for which trial has been instituted. See, e.g.,
`
`id. at 2–3.
`
`Petitioner represents that Patent Owner does not oppose the motions.
`
`See, e.g., id. at 2. Further, 37 CFR § 42.100(b) provides that any claim
`
`construction determination in a related civil action must be considered by the
`
`Board. Thus, the materials sought to be produced are germane to our
`
`consideration.
`
`As the motions are unopposed and otherwise satisfy the requirements
`
`of § 42.123(a), we grant Petitioner’s motions.
`
`
`
`Accordingly, it is:
`
`ORDER
`
`ORDERED that Petitioner’s Motion to Submit Supplemental
`
`Information is granted in each proceeding.
`
`
`
`3
`
`
`
`IPR2020-01049 (Patent 9,990,869 B1)
`IPR2021-01050 (Patent 9,978,294 B1)
`IPR2021-01052 (Patent 9,047,791 B1)
`
`PETITIONER:
`
`Linnea Cipriano
`Patrick McCarthy
`GOODWIN PROCTER LLP
`lcipriano@goodwinlaw.com
`pmccarthy@goodwinlaw.com
`
`
`PATENT OWNER:
`
`Peter Lambrianakos
`Joseph M. Mercadante
`FABRICANT LLP
`plambrianakos@fabricantllp.com
`jmercadante@fabricantllp.com
`
`
`
`4
`
`
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