throbber
Trials@uspto.gov
`571-272-7822
`
`
`Paper 20
`Entered: November 12, 2021
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`TWITTER, INC. and GOOGLE LLC,
`Petitioner,
`
`v.
`
`B.E. TECHNOLOGY, LLC,
`Patent Owner.
`
`_______________
`
`IPR2021-00483 (Patent 8,769,440 B2)
`IPR2021-00484 (Patent 8,549,410 B2)
`IPR2021-00485 (Patent 8,549,411 B2)1
`_______________
`
`
`NEIL T. POWELL, MIRIAM L. QUINN, and IFTIKHAR AHMED,
`Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Decision Granting Petitioner’s Motion for Supplemental Information
`37 C.F.R. § 123(a)
`
`
`1 This Order applies to each of the listed cases. Given the similarities of issues, we
`issue one Order to be docketed in each case. The parties are not authorized to use
`this caption style.
`
`

`

`IPR2021-00483 (Patent 8,769,440 B2)
`IPR2021-00484 (Patent 8,549,410 B2)
`IPR2021-00485 (Patent 8,549,411 B2)
`
`
`
`
`
`On October 15, 2021, we authorized the filing of Petitioner’s Motion to
`
`
`
`Submit Supplemental Information under 37 C.F.R. § 123(a). See IPR2021-00483,
`
`Paper 17 (“Order”).2 The Order also provided a briefing schedule for Patent
`
`Owner to file its opposition to the Motion. Id. at 2. Petitioner filed a Motion in
`
`each proceeding3 and Patent Owner filed a response to each Motion stating that it
`
`does not oppose Petitioner’s Motion as follows:
`
`1) In IPR2021-00483, Patent Owner does not oppose the filing of
`
`Exhibit 1090 as supplemental information in support of the public
`
`availability of Exhibit 1026, cited in the Petition as the reference
`
`“Ellsworth.” Paper 19, IPR2021-00483.
`
`2) In IPR2021-00484 and IPR2021-00485, Patent Owner does not oppose
`
`the filing of Exhibits 1087, 10691070, 10741086, and 1088 as
`
`supplemental information in support of the public availability of
`
`Exhibit 1016, cited in the Petition as the reference “RFC 1635.”
`
`Paper 18, IPR2021-00484; Paper 18, IPR2021-00485.
`
`We have reviewed each of Petitioner’s motions and the showings made in
`
`accordance with § 123(a), and have considered Patent Owner’s statements of non-
`
`opposition. We hereby grant Petitioner’s Motions.
`
`
`
`
`2 The Order has been entered in the record of all captioned-proceedings.
`3 Paper 18 in IPR2021-00483, Paper 17 in IPR2021-00484, and Paper 17 in
`IPR2021-00485.
`
`2
`
`
`

`

`IPR2021-00483 (Patent 8,769,440 B2)
`IPR2021-00484 (Patent 8,549,410 B2)
`IPR2021-00485 (Patent 8,549,411 B2)
`
`
`
`
`
`IT IS, therefore,
`
`
`
`ORDER
`
`
`
`ORDERED that Petitioner’s Motions for Supplemental Information under
`
`37 C.F.R. § 123(a) are granted.
`
`.
`
`
`
`
`
`
`
`3
`
`
`

`

`
`
`
`
`
`IPR2021-00483 (Patent 8,769,440 B2)
`IPR2021-00484 (Patent 8,549,410 B2)
`IPR2021-00485 (Patent 8,549,411 B2)
`
`
`For PETITIONER:
`
`David McCombs (Lead Counsel)
`Raghav Bajaj
`HAYNES AND BOONE, LLP
`David.mccombs.ipr@haynesboone.com
`Raghav.bajaj.ipr@haynesboone.com
`
`Andrew Baluch
`Amy Greywitt
`Matthew Smith
`SMITH BALUCH LLP
`baluch@smithbaluch.com
`greywitt@smithbaluch.com
`smith@smithbaluch.com
`
`
`FOR PATENT OWNER:
`
`Andrea Pacelli (Lead Counsel)
`Michael DeVincenzo
`Charles Wizenfeld
`KING & WOOD MALLESONS LLP
`Andrea.pacelli@us.kwm.com
`Michael.devincenzo@us.kwm.com
`Charles.wizenfeld@us.kwm.com
`
`
`
`4
`
`
`

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