throbber
Trials@uspto.gov
`571-272-7822
`
` Paper 20
`
`
` Entered: April 11, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`BETTER FOOD CHOICES LLC,
`Patent Owner.
`____________
`
`Case CBM2015-00071
`Patent 5,841,115
`
`
`
`
`Before MICHAEL P. TIERNEY, GLENN J. PERRY, and MINN CHUNG,
`Administrative Patent Judges.
`
`
`CHUNG, Administrative Patent Judge.
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`

`
`CBM2015-00071
`Patent 5,841,115
`
`
`On April 8, 2016, a telephone conference was held among respective
`
`counsel for the parties and the panel. As the result of the telephone
`
`conference and upon our authorization, parties jointly move and stipulate as
`
`follows (see Paper 19):
`
`1.
`
`Patent Owner’s Exhibits 2009–2016 are to be stricken from the
`
`record but may be filed as Supplemental Exhibits if parties agree;
`
`2.
`
`DUE DATE 4 for filing a motion to exclude evidence and a
`
`motion for observation on the cross-examination testimony of a reply
`
`witness should be extended to April 18, 2016; and
`
`3.
`
`The deadline for filing requests for oral argument should be
`
`extended to April 18, 2016.1
`
`Finding good cause, we grant the parties’ Motion.
`
`Accordingly, it is hereby:
`
`ORDERED that Patent Owner’s Exhibits 2009–2016 are expunged
`
`from the record without prejudice;
`
`FURTHER ORDERED that DUE DATE 4 and the due date for filing
`
`requests for oral argument are extended to April 18, 2016.
`
`
`
`
`
`
`
`1 The deadline for filing requests for oral argument cannot be extended by
`parties’ stipulation. Scheduling Order (Paper 11), 4.
`
`2
`
`

`
`3
`
`CBM2015-00071
`Patent 5,841,115
`
`PETITIONER:
`
`
`Ryan McBrayer
`rmcbrayer@perkinscoie.com
`
`Bing Ai
`Ai-ptab@perkinscoie.com
`
`
`
`PATENT OWNER:
`
`Robert Huntsman
`bobh@huntsmanlg.com

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