Takeaway: The Board has discretion to expedite due dates, especially in cases where the expedited date is not unduly burdensome and will assist in creating a just, speedy, and efficient proceeding.

In its Order, the Board sua sponte ordered that the due date for Patent Owner’s preliminary response be expedited. In June 2014, an inter partes review was instituted in Apple Inc., Google Inc., and Motorola Mobility LLC v. Arendi S.A.R.L., Case IPR2014-00207.  Within a month, Petitioner filed its Petition along with a motion for joinder with IPR2014-00207.  Patent Owner filed an opposition to the motion for joinder and Petitioner filed a reply to the opposition.

The Board noted that the Petition challenges the same claims over the same references and on the same statutory grounds as instituted in the trial in IPR2014-00207. The Petition relies upon a new declaration by a different declarant than in IPR2014-00207, but the declarations are similar.  Noting that the Board may modify the time frames set by the rules, and that in the circumstances of this case, an expedited date for the patent owner preliminary response is not unduly burdensome and will assist in administering this proceeding in a just, speedy, and efficient manner, the Board ordered an expedited due date for the Patent Owner’s preliminary response.

Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC v. Arendi S.A.R.L., IPR2014-01144
Paper 9: Order Setting Expedited Date for Patent Owner Preliminary Response
Dated: September 5, 2014
Before: Howard B. Blankenship, Sally C. Medley, and Trevor M. Jefferson
Written by: Blankenship