In SkyHawke Technologies, LLC v. L and H Concepts, L.L.C., IPR2014-01485, Paper 6 (September 30, 2014), the petitioner submitted a request for joinder of the proceeding with IPR214-00438 that it previously filed, also challenging U.S. Patent No. 5,779,566. Petitioner wanted the patent owner to file its preliminary response early, to facilitate catching the later filed proceeding with the earlier one. The Board saw no reason why the Patent Owner should be required to submit its Preliminary Response in this proceeding earlier than what is required by 37 C.F.R. § 42.107(b). The Board did indicate that if the motion for joinder is granted, it will direct the parties to discuss the scheduling issue and attempt to agree on reasonable adjustments to the schedule for synchronizing this proceeding with the two related proceedings.
The Board did not mention the rift between some of the panels that have construed 35 USC 315 as not permitting joinder between proceeding filed by the same party.