Oyster Optics, LLC

Patent Trials and Appeals Board

Jul 2, 2021

IPR2020-01347 (P.T.A.B. Jul. 2, 2021)

Trials@uspto.gov Paper: 11
Tel: 571-272-7822 Date: July 2, 2021

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

CISCO SYSTEMS, INC.,
Petitioner,

v.

OYSTER OPTICS, LLC,
Patent Owner.
____________

IPR2020–01347
Patent 6,665,500 B2
____________

Before JAMESON LEE, PATRICK M. BOUCHER, and
JOHN R. KENNY, Administrative Patent Judges.

PER CURIAM.

TERMINATION
Dismissal After Institution of Trial
37 C.F.R. § 42.72

IPR2020-01347
Patent 6,665,500 B2

2
Petitioner in this proceeding filed a petition requesting inter partes
review of the same claims of Patent 6,665,500 B2 that were challenged in
IPR2020–00325 (“'325 IPR”) on the same grounds at issue in the '325 IPR.
Paper 2. Petitioner also filed a Motion for Joinder requesting to join the
'325 IPR. Paper 3. On February 16, 2021, we instituted trial and granted
the Motion for Joinder. See Paper 10. The Decision instituting trial and
granting joinder provided that “all further filings shall be made in the ’325
IPR and that no further filings shall be made in this proceeding [IPR2020-
01347].” Id. at 7. Thus, the '325 IPR was the case that moved forward after
joinder, and a final written decision under 35 U.S.C. § 318(a) issued in that
case. See ’325 IPR, Paper 34.
Our Rules provide that “[t]he Board may terminate a trial without
rendering a final written decision, where appropriate.” 37 C.F.R. § 42.72.
Under the particular circumstances of this proceeding, namely the joinder of
Petitioner to the '325 IPR and the issuance of a final written decision in the
'325 IPR, we determine that termination of this inter partes review without
rendering a final written decision in this proceeding is appropriate.

Accordingly, it is:
ORDERED that this trial is terminated under 37 C.F.R. § 42.72, and
no final written decision will be rendered in this proceeding.
IPR2020-01347
Patent 6,665,500 B2

3
PETITIONER:

Theodore Foster
David McCombs
HAYNES & BOONE LLP
ipr.theo.foster@haynesboone.com
david.mccombs.ipr@haynesboone.com

PATENT OWNER:

Wayne M. Helge
James T. Wilson
Aldo Noto
DAVIDSON BERQUIST JACKSON
& GOWDEY L.L.P.
whelge@dbjg.com
jwilson@dbjg.com
anoto@dbjg.com