Broadband iTV, Inc.Download PDFPatent Trials and Appeals BoardApr 1, 2021IPR2020-01267 (P.T.A.B. Apr. 1, 2021) Copy Citation Trials@uspto.gov Paper 25 571-272-7822 Date: April 1, 2021 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD DISH NETWORK L.L.C., Petitioner, v. BROADBAND iTV, INC., Patent Owner. IPR2020-01267 Patent 10,028,026 B2 Before JEFFREY S. SMITH, JUSTIN T. ARBES, and DANIEL J. GALLIGAN, Administrative Patent Judges. ARBES, Administrative Patent Judge. DECISION Denying Patent Owner’s Request for Rehearing of Decision on Institution 37 C.F.R. § 42.71(d) I. INTRODUCTION Patent Owner filed a Request for Rehearing (Paper 18, “Req. Reh’g”) of our Decision (Paper 15, “Dec.”) to institute an inter partes review of claims 1–16 of U.S. Patent No. 10,028,026 B2 (Ex. 1001, “the ’026 patent”). Petitioner contends that we “misapprehended or overlooked key facts and legal precedent, and abused [our] discretion when evaluating and weighing” IPR2020-01267 Patent 10,028,026 B2 2 the factors set forth in Apple Inc. v. Fintiv, Inc., IPR2020-00019, Paper 11 (PTAB Mar. 20, 2020) (precedential) (“Fintiv”). Req. Reh’g 1. Patent Owner also “suggests an Expanded Panel should review and reverse the [Decision] to maintain uniformity in how panels apply Board precedent.” Id. Our governing statutes and regulations do not provide for parties to request, or panels to authorize, an expanded panel. See generally 35 U.S.C. § 6; 37 C.F.R. §§ 41.1–42.412. The Chief Judge, however, may consider panel expansion upon a “suggestion” from a judge, panel, or party. PTAB Standard Operating Procedure (SOP) 1,1 15; see also Apple Inc. v. Rensselaer Polytechnic Inst., IPR2014-00319, Paper 20 at 2 n.1 (PTAB Dec. 12, 2014) (expanded panel) (per curiam). The Standard Operating Procedure exemplifies some of the reasons for which the Chief Judge may expand a panel. PTAB SOP 1, 15 (§ III.M). For example, an expanded panel may be appropriate “to secure and maintain uniformity of the Board’s decisions, e.g., in related cases ordinarily involving different three judge panels.” Id. (§ III.M.1). Upon receiving the Rehearing Request, we followed the procedure set forth in § III.M.3 of SOP 1 regarding a suggestion for an expanded panel. In this case, the Chief Judge has considered Patent Owner’s suggestion for an expanded panel but has determined that an expanded panel is not warranted. For the reasons stated below, Patent Owner’s Request for Rehearing is denied. 1 Available at https://www.uspto.gov/sites/default/files/documents/ SOP%201%20R15%20FINAL.pdf. IPR2020-01267 Patent 10,028,026 B2 3 II. STANDARD OF REVIEW When rehearing a decision on petition, the Board will review the decision for an abuse of discretion. 37 C.F.R. § 42.71(c). “An abuse of discretion occurs if a decision is based on an erroneous interpretation of law, if a factual finding is not supported by substantial evidence, or if the decision represents an unreasonable judgment in weighing relevant factors.” Arnold P’ship v. Dudas, 362 F.3d 1338, 1340 (Fed. Cir. 2004). The party requesting rehearing bears the burden of showing an abuse of discretion, and “[t]he request must specifically identify all matters the party believes the Board misapprehended or overlooked.” 37 C.F.R. § 42.71(d). III. ANALYSIS A. Patent Owner’s Request to Admit New Evidence Before turning to Patent Owner’s arguments regarding discretionary denial under 35 U.S.C. § 314, we consider Patent Owner’s request to admit new evidence into the record. See Req. Reh’g 2–3. A precedential Board decision advises that, [i]deally, a party seeking to admit new evidence with a rehearing request would request a conference call with the Board prior to filing such a request so that it could argue “good cause” exists for admitting the new evidence. Alternatively, a party may argue “good cause” exists in the rehearing request itself. Huawei Device Co., Ltd. v. Optis Cellular Tech., LLC, IPR2018-00816, Paper 19 at 4 (PTAB Jan. 8, 2019) (precedential). “Absent a showing of ‘good cause’ prior to filing the request for rehearing or in the request for rehearing itself, new evidence will not be admitted.” Patent Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 2019), 90, available at https://www.uspto.gov/TrialPracticeGuideConsolidated. At Patent IPR2020-01267 Patent 10,028,026 B2 4 Owner’s request, we held a conference call with the parties before Patent Owner filed its rehearing request to hear arguments on whether good cause exists to admit certain new evidence. See Ex. 2034 (transcript of February 2, 2021, conference call). During the call, Patent Owner sought authorization to file three items in this proceeding: (1) Petitioner’s Final Invalidity Contentions and relevant claim charts served January 8, 2021, in Broadband iTV, Inc. v. DISH Network, L.L.C., Case No. 6:19-cv-716 (W.D. Tex.)2 (“the Texas case”); (2) AT&T Services, Inc., AT&T Communications, LLC, and DIRECTV, LLC’s Final Invalidity Contentions and relevant claim charts served January 29, 2021, in Broadband iTV, Inc. v. AT&T Services, Inc., Case No. 6:19-cv-712 (W.D. Tex.), and Broadband iTV, Inc. v. DirecTV, LLC, Case No. 6:19-cv-714 (W.D. Tex.) (consolidated into Case No. 6:19-cv-712 (1:20-cv-717-ADA), “the AT&T case”); and (3) a PACER report of the current docket in the Texas case. Ex. 2034, 6:15–25. Patent Owner explained that Petitioner’s final invalidity contentions “include about 180 claim charts that total about 7,500 pages” and that “AT&T’s [final invalidity] contentions include about 50 charts totaling over 17,000 pages.” Id. at 7:24–8:3. Patent Owner argued that good cause exists to admit this evidence, which Petitioner disputed. See generally id. On the call, we expressed concern with the volume of information Patent Owner sought to introduce, and Patent Owner agreed to file a much smaller volume of information (approximately 1,000 pages). Id. at 23:24–31:1. We reserved ruling on Patent Owner’s request to admit the new 2 We refer to the United States District Court for the Western District of Texas as “the Texas court.” IPR2020-01267 Patent 10,028,026 B2 5 evidence because, at that point, we could not reach a “good cause” determination without knowing exactly what Patent Owner would seek to admit, and we instructed Patent Owner to present its arguments regarding good cause in its rehearing request. Id. at 31:8–32:8, 35:5–12. After the conference call, Patent Owner filed a total of 538 pages of evidence in Exhibits 2031–2033, significantly less than the initial volume of evidence it sought to introduce. Patent Owner argues that good cause exists to admit this evidence because “it is highly relevant to the Fintiv analysis” and “provides critical new information about the state of the parallel litigation, showing significant investment under factor 3 and nearly complete overlap under factor 4.” Req. Reh’g 2–3. Patent Owner also notes that the invalidity contentions were both served in January 2021, and, therefore, could not have been submitted with Patent Owner’s Preliminary Response (Paper 9, “Prelim. Resp.”), which was filed in October 2020. Req. Reh’g 3. Having considered Patent Owner’s arguments on rehearing and the parties’ arguments during the conference call on February 2, 2021, we grant Patent Owner’s request to admit Exhibits 2031–2033 with the Request for Rehearing and discuss the evidence below where relevant. B. Discretionary Denial Under 35 U.S.C. § 314(a) Patent Owner argues that we “misapprehended or overlooked key facts and abused [our] discretion in evaluating and weighing the Fintiv factors.” Req. Reh’g 3. Patent Owner also argues that we should consider the AT&T case in evaluating the second and fourth Fintiv factors. Id. For the reasons explained below, we disagree that we should exercise discretion to deny institution. IPR2020-01267 Patent 10,028,026 B2 6 1. Whether the Court Granted a Stay or Evidence Exists that One May Be Granted if a Proceeding Is Instituted In the Decision, we stated that “[i]t would be improper to speculate, at this stage, what the Texas court might do regarding a motion to stay, given the particular circumstances of this case.” Dec. 13 (emphasis added). Patent Owner argues that, by stating this, we “expressly declined to evaluate, and thus overlooked, [the] evidence” that Patent Owner introduced with its Preliminary Response. Req. Reh’g 4–5 (citing Prelim. Resp. 14–16, 18). We disagree. Rather, we evaluated Patent Owner’s arguments and evidence in making our determination. See Dec. 12–14. Further, on May 7, 2020, Petitioner filed a motion to transfer, which has not been decided by the Texas court, and, therefore, has been pending for over ten months. Ex. 2033, 5 (Docket No. 37). As we noted in the Decision, this pending motion introduces some uncertainties as to the current trial schedule in the Texas case, and the same is true as to the possibility for a stay. See Dec. 17. After considering Patent Owner’s arguments on rehearing, we maintain that this factor is neutral to the exercise of our discretion. 2. Proximity of the Court’s Trial Date to the Board’s Projected Statutory Deadline for a Final Written Decision After evaluating the parties’ arguments and the evidence of record, we determined that “this factor is, at most, slightly in favor of exercising our discretion to deny the Petition.” Dec. 14–18. In arriving at this determination, we noted that there is a pending motion to transfer in the Texas case that, if granted, “would necessitate a new trial date.” Id. at 17. We also were IPR2020-01267 Patent 10,028,026 B2 7 not persuaded that we should instead refer to the trial date of the AT&T case (for which Petitioner’s motion to transfer is irrelevant), at least because Patent Owner does not present any evidence of duplication between Petitioner’s contentions in this proceeding and the invalidity contentions of the defendants in that case (factor 4). Id. at 18 n.5. On rehearing, Patent Owner argues that we should consider the Texas case and the AT&T case “collectively” and that “the AT&T [case], in the same court with the same schedule, mitigates concerns about the pending transfer motion because trial is set more than two months before the projected final decision deadline, AT&T has not filed a motion for stay, and the Panel would duplicate the district court’s efforts.” Req. Reh’g 6–7. Patent Owner also alleges that there is overlap between issues in this proceeding and in the AT&T case. Id. at 7–8. We consider Patent Owner’s arguments as to issue overlap in analyzing Fintiv factor 4 below. As to Patent Owner’s reliance on the AT&T case for factor 2, we agree with Patent Owner that the lack of a transfer motion in that case mitigates the particular concern we raised in the Decision regarding the pending transfer motion in the Texas case. But the AT&T case raises a different issue that works against Patent Owner for this factor. As we discussed in the Decision, Petitioner pointed out that the Texas court has issued orders delaying trials due to the COVID-19 pandemic, and Petitioner argued that these trials will need to be rescheduled, which will cause cascading delays that affect other trials. See Paper 1 (“Pet.”), 7–8 (citing Exs. 1021–1023, 1033, 1034); Dec. 14–15. Patent Owner countered that these orders “permit different divisions in the Western District [of Texas] to make their own determinations whether to proceed IPR2020-01267 Patent 10,028,026 B2 8 with jury trials based on the situation in their locations” and that, “[o]n August 18, 2020, Judge Albright issued a Divisional Standing Order Regarding Trials In Waco indicating that the Waco ‘Division may safely conduct trials.’” Prelim. Resp. 19–20 (citing Exs. 1033, 1034, 2006, 2007). The AT&T case, however, was transferred to the Austin Division of the Texas court, although it was kept on the docket of Judge Albright. Ex. 3003 (Order Transferring Case to the Austin Division). The Orders cited by Patent Owner (Exhibits 2006 and 2007) govern trials in the Waco Division. Because the AT&T case is in the Austin Division where jury trials have been delayed, we cannot ignore that the AT&T case introduces potential delay issues that are not present in the Texas case. We already determined that Fintiv factor 2, at most, slightly favors exercising discretion to deny. Dec. 18. The AT&T case introduces issues that effectively balance each other out, as discussed above. Therefore, we maintain that this factor slightly favors exercising discretion to deny. 3. Investment in the Parallel Proceeding by the Court and the Parties In the Decision, we determined that “this factor weighs strongly against exercising our discretion to deny the Petition.” Dec. 18–21. On rehearing, Patent Owner argues that we (1) “misapprehended or overlooked the parties’ significant investment in the parallel litigation,” and (2) “overstated [Petitioner]’s purported diligence in filing the [P]etition.” Req. Reh’g 9–12. We address each of these in turn. a) The Parties’ Investment in the Parallel Litigation Patent Owner argues that, in the Decision, we focused on the Texas court’s actions in ruling on claim construction and on Petitioner’s motion to IPR2020-01267 Patent 10,028,026 B2 9 dismiss under 35 U.S.C. § 101 but overlooked the parties’ investment in briefing and arguing these matters. Req. Reh’g 9. We did not overlook these efforts; we expressly addressed them. Dec. 18–20. Patent Owner simply disagrees with our assessment, but this is not the purpose of a rehearing request. See supra Section II. Further, in support of its argument regarding the parties’ investment in claim construction and § 101 briefing, Patent Owner merely refers to various entries on the docket of the Texas case. Req. Reh’g 10 (citing Ex. 2033, Docket Nos. 17, 28, 32, 56, 62–64, 67, 68). Patent Owner discussed these efforts in its previous briefing and, therefore, is simply rearguing its case on rehearing. See Prelim. Resp. 23. Again, we considered, and did not overlook, what Patent Owner cited. Patent Owner further argues that, “other than acknowledging that [Patent Owner] indicated final infringement and invalidity contentions would be served before the institution decision on January 8, 2021, the Panel overlooked the parties’ significant investments in preparing final contentions.” Req. Reh’g 10 (citing Dec. 19). We did not overlook these efforts; rather, we expressly considered them along with the fact that discovery had only recently begun and expert discovery does not begin until June 2021. Dec. 19. Further, it is not clear on this record why the effort Patent Owner expended in preparing final infringement contentions was “significant” because the contentions are not in the record. Petitioner submitted Exhibit 1026, which is a cover document for Patent Owner’s preliminary infringement contentions in the Texas case. Exhibit 1026 itself is four pages, one of which is the signature page, and mostly recites boilerplate. This document does not show any significant level of investment. Exhibit 1026 states that Patent Owner’s “preliminary IPR2020-01267 Patent 10,028,026 B2 10 infringement contentions are attached hereto as Exhibits 1–4,” each of which corresponds to a different patent involved in inter partes reviews: Exhibit 1 (the ’026 patent), Exhibit 2 (U.S. Patent No. 10,506,269 B2 (IPR2020-01332)), Exhibit 3 (U.S. Patent No. 9,998,791 B2 (IPR2020-01280)), and Exhibit 4 (U.S. Patent No. 9,648,388 B2 (IPR2020-01359)). Only the first contentions pertaining to the ’026 patent have been entered in this proceeding (as Exhibit 1027). That claim chart has screen shots of Petitioner’s products and links to websites to show how each element of the asserted claims is allegedly met, which is what one would expect from an infringement claim chart in the ordinary course of litigation. Patent Owner did not seek to enter its final infringement contentions with its Request for Rehearing, and, therefore, we can only speculate as to the level of effort expended in their preparation, which Patent Owner characterizes as “significant.” See Req. Reh’g 10. Patent Owner also argues that Petitioner’s “submission (and [Patent Owner’s] subsequent consideration) of the final invalidity contentions served January 8, 2021, including about 180 claim charts,” favors exercising discretion to deny. Id. at 9. We can only speculate as to how much effort Patent Owner expended in its “consideration” of Petitioner’s contentions, but, regardless, in instituting review we considered that final invalidity contentions already would have been served. See Dec. 19. Patent Owner also argues that “[t]he [Texas] court and [Patent Owner] have also invested heavily in the related AT&T case, which presents overlapping invalidity considerations and should be considered when evaluating efficient use of judicial resources.” Req. Reh’g 10 (citing Prelim. Resp. 16). The defendants in the AT&T case are not parties to this IPR2020-01267 Patent 10,028,026 B2 11 proceeding.3 Patent Owner does not detail the efforts made by the Texas court and Patent Owner in the AT&T case, but argues that both the Texas case and the AT&T case are “in the same court with the same schedule,” which suggests similar efforts have been made in both cases and does not tip the scale any further in favor of exercising discretion to deny. See id. at 7. We note, though, that because the final invalidity contentions in the AT&T case were served on January 29, 2021 (after our Decision on January 21, 2021), there could not have been any efforts by Patent Owner in reviewing them at the time of the Decision. b) Diligence in Filing Petition In the Decision, we stated that Petitioner’s filing of the Petition within three months of receiving Patent Owner’s preliminary infringement contentions indicated diligence that weighs against exercising discretion to deny. Dec. 20–21. On rehearing, Patent Owner argues that this is inconsistent with a precedential decision of the Board. Req. Reh’g 11–12 (citing Snap, Inc. v. SRK Tech. LLC, IPR2020-00820, Paper 15 at 11 (PTAB Oct. 21, 2020) (precedential as to § II.A) (“Snap”)). Patent Owner, however, focuses only on the timing of the Petition in relation to the identification of asserted claims. In the Decision, we noted that Petitioner filed the Petition “less than three months after receiving notice of Patent Owner’s infringement positions for all asserted claims (including those not identified originally in the complaint) and prior to the parties exchanging 3 We recognize that the defendants in the AT&T case recently filed a petition challenging the ’026 patent and motion for joinder as parties to the instant proceeding in Case IPR2021-00556. No decision on either filing has been made at this time, however. IPR2020-01267 Patent 10,028,026 B2 12 proposed claim terms for construction and briefing claim construction issues in the Texas case.” Dec. 20–21. By contrast, in Snap, the petitioner argued that “the timing of filing enabled the Petition to take into account both parties’ claim construction positions, which resulted in a more focused and thorough petition than what would have been possible even weeks earlier.” Snap, Paper 15 at 12. Thus, the present case is distinguishable from Snap in that Petitioner did not wait until after learning Patent Owner’s claim construction positions to file the Petition. c) Factor 3 Determination Having considered Patent Owner’s arguments on rehearing, we maintain our determination that this factor weighs strongly against exercising our discretion to deny the Petition. See Dec. 21. 4. Overlap Between Issues Raised in the Petition and in the Parallel Proceeding After evaluating the parties’ arguments and the evidence of record, we determined that even though one of the challenged claims in this proceeding is not asserted in the Texas case, “there is overlap as to the claims and the asserted grounds based on Gonder, Son, and Kelts” and, therefore, “this factor weighs in favor of exercising our discretion to deny the Petition.” Dec. 21–23. On rehearing, Patent Owner argues that Petitioner’s final invalidity contentions show overlap with the asserted grounds based on Gonder, Son, and Kelts. Req. Reh’g 7–8 (citing Ex. 2031). That is what we found in the Decision, however. Patent Owner further argues that overlap between issues in this proceeding and the AT&T case supports exercising discretion to deny. Id. IPR2020-01267 Patent 10,028,026 B2 13 In particular, Patent Owner argues that the defendants in the AT&T case allege obviousness based on Son and “a related Kelts patent” (U.S. Patent No. 8,046,804 B2) and stated that they became aware of Son from Petitioner’s petitions seeking inter partes review. Id. at 8 (citing Ex. 2032, 2, 14, 16, 18, 25, 27, 29, 38–47). We have reviewed the cited invalidity contentions and find only minimal overlap between the issues raised in the AT&T case and this proceeding. Petitioner relies on Gonder as allegedly teaching the majority of the limitations of the claims, and relies on combinations with Son and Kelts for certain limitations. See Dec. 46–60; Pet. 35–57. The defendants in the AT&T case rely on a set of base references (which does not include Gonder), and cite Son and the “related Kelts patent” (not Kelts) in combination with those references. Ex. 2032, 38–47. Thus, there is less overlap with respect to the AT&T case than we already determined existed with respect to the Texas case. Regardless, we already determined that Fintiv factor 4 weighs in favor of exercising discretion to deny. Dec. 21–23. Patent Owner’s reliance on the AT&T case on rehearing does not change our factor 4 determination. 5. Whether the Petitioner and the Defendant in the Parallel Proceeding Are the Same Party In the Decision, we noted that the fact that Petitioner is the defendant in the Texas case “could weigh either in favor of, or against, exercising discretion to deny institution, depending on which tribunal was likely to address the challenged patent first.” Dec. 23. We then determined that “this factor is, at most, slightly in favor of exercising our discretion to deny the Petition.” Id. On rehearing, Patent Owner argues that we inappropriately “collaps[ed] the fifth Fintiv factor into the second.” Req. Reh’g 13–14. IPR2020-01267 Patent 10,028,026 B2 14 We disagree. In this factor, Fintiv considers whether the Board would be “redoing the work of another tribunal.” Fintiv, Paper 11 at 14. Thus, the timing of the parallel proceeding is relevant to consider in this factor. In any event, we determined that this factor, at most, slightly favors exercising discretion to deny. Dec. 23. Moreover, many of Patent Owner’s arguments on rehearing are based on the AT&T case, to which Petitioner is not a party. See Req. Reh’g 6–8, 10. Fintiv advises that, “[i]f a petitioner is unrelated to a defendant in an earlier court proceeding, the Board has weighed this fact against exercising discretion to deny institution.” Fintiv, Paper 11 at 13–14. Thus, to the extent Patent Owner requests us to reconsider our Decision in light of the AT&T case, this factor weighs against exercising discretion to deny. 6. Other Circumstances that Impact the Board’s Exercise of Discretion, Including the Merits In the Decision, we determined that “the merits in this proceeding, taken as a whole, weigh against discretionary denial.” Dec. 24. On rehearing, Patent Owner argues that we “misapprehended or overlooked that [the] Petition controls the proceeding and the Panel is not free to cure [Petitioner’s] defective Petition.” Req. Reh’g 14–15. Patent Owner contends that “[t]he Panel correctly held that [the CableLabs specification] is not properly incorporated into Gonder, . . . which should have ended the inquiry into the merits, or at least demonstrated sufficient weakness to find factor 6 neutral or favoring denial,” but we instead “crafted [our] own unpatentability theory that Gonder teaches the disputed elements without [the CableLabs specification] and that [the CableLabs specification] can be IPR2020-01267 Patent 10,028,026 B2 15 used to show common knowledge/common sense.” Id. at 15 (citing Pet. 21–23, 41, 53–57; Dec. 51–53). We disagree with Patent Owner. Petitioner in certain portions of its Petition relies on disclosures from both Gonder and the CableLabs specification, arguing that the CableLabs specification is incorporated by reference in Gonder. See Dec. 48–49, 51–53 (citing Pet. 21–23, 53–57). As explained in the Decision, we are not persuaded based on the current record that the CableLabs specification is incorporated by reference, but are persuaded that Petitioner’s contentions regarding the cited disclosures of Gonder itself are sufficient to demonstrate a reasonable likelihood of prevailing. Id. at 49–53. That preliminary finding (i.e., not relying on anything in the CableLabs specification) is sufficient alone for purposes of institution. We also noted, though, that “based on the current record, we do not see why, even if the CableLabs specification is not incorporated by reference in Gonder itself, it cannot be considered as showing the background knowledge that a person of ordinary skill in the art would have had in reading Gonder,” noting, for example, certain arguments in the Petition and supporting declaration pertaining to the CableLabs specification as a known standard. Id. at 52–53 (citing Pet. 41; Ex. 1002 ¶¶ 105, 172). Accordingly, we “encouraged [the parties] to address the relevance of the CableLabs specification in their papers during trial.” Id. In doing so, we merely identified an issue that would benefit from further development at trial. We did not create a new theory of unpatentability or rely on “common knowledge” or “common sense” as teaching a missing claim limitation, as Patent Owner contends. See Req. Reh’g 15. Petitioner had the burden at the institution stage to show a reasonable likelihood of prevailing, and we found that burden met with respect to IPR2020-01267 Patent 10,028,026 B2 16 Petitioner’s arguments regarding the disclosure of Gonder (without the CableLabs specification). See Dec. 49–53. The relevance of Petitioner’s additional arguments regarding the CableLabs specification can be addressed during trial (when Patent Owner will have the opportunity, for example, to cross-examine Petitioner’s declarant), and our ultimate decision on whether unpatentability is proven by a preponderance of the evidence will be based on the complete record at the end of trial. 7. Overall Reassessment of Fintiv Factors After considering Patent Owner’s arguments on rehearing, we are not persuaded that we misapprehended or overlooked any matters or abused our discretion in declining to exercise discretion to deny institution. IV. CONCLUSION Based on the foregoing discussion, we determine that Patent Owner has not demonstrated that we misapprehended or overlooked any matters in the Decision or abused our discretion. We, therefore, decline to exercise our discretion to deny institution under 35 U.S.C. § 314. V. ORDER In consideration of the foregoing, it is hereby: ORDERED that Patent Owner’s Request for Rehearing is denied. IPR2020-01267 Patent 10,028,026 B2 17 FOR PETITIONER: Alyssa Caridis K. Patrick Herman ORRICK, HERRINGTON & SUTCLIFFE LLP a8cptabdocket@orrick.com p52ptabdocket@orrick.com FOR PATENT OWNER: Sal Lim David Alberti Hong Lin Russell Tonkovich FEINBERG DAY KRAMER ALBERTI LIM TONKOVICH & BELLOLI LLP slim@feinday.com dalberti@feinday.com hlin@feinday.com Michael D. Specht Jason A. Fitzsimmons Richard M. Bemben STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C. mspecht-ptab@sternekessler.com jfitzsimmons-ptab@sternekessler.com rbemben-ptab@sternekessler.com Kevin Greenleaf DENTONS US LLP kevin.greenleaf@dentons.com Copy with citationCopy as parenthetical citation