Granting Leave to File Additional Briefing Re Relationship with Customer CBM2014-00025, 26

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Takeaway: While patent owners traditionally seek discovery regarding a petitioner’s privity as it relates to standing, the Board may consider additional briefing by a petitioner to address issues relating to standing, such as a petitioner’s relationship with parties accused of infringement by a patent owner.

In its Order, the Board authorized Petitioner to provide additional briefing with respect to the relationship between Petitioner and its customer, iRobot, which was sued for infringement of the challenged patents.

The Board authorized Petitioner to file a brief (limited to 7 pages) with a declaration (limited to 5 pages) to address: “(1) the facts behind the late request for further briefing, (2) the relationship between Petitioner and its customer iRobot, and (3) the dismissal with prejudice of the case styled Landmark Technology, LLC v. iRobot Corporation (E.D.Tex. May 22, 2013) (NO. 6-13-cv-00411).”  Patent Owner was also authorized to file a response limited to 7 pages.

eBay Enterprise, Inc. and eBay, Inc. v. Lockwood, CBM2014-00025; CBM2014-00026
Paper 19: Order
Dated: April 25, 2014
Patents 7,010,508; 5,576,951
Before: Sally C. Medley and Benjamin D.M. Wood
Written by: Medley
Related Proceeding: Landmark Technology, LLC v. iRobot Corporation(E.D.Tex. May 22, 2013) (NO. 6-13-cv-00411)