Paper 33
`Date: March 21, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ANDERSEN CORPORATION,
`Petitioner Application No. 15/058,862,
`Petitioner,
`
`v.
`
`GED INTEGRATED SOLUTIONS, INC.,
`Respondent Patent No. 9,428,953 B2,
`Respondent.
`____________
`
`DER2017-00007
`____________
`
`Before JONI Y. CHANG, JOSIAH C. COCKS, and JUSTIN T. ARBES,
`Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`
`SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`
`
`Date: March 21, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ANDERSEN CORPORATION,
`Petitioner Application No. 15/058,862,
`Petitioner,
`
`v.
`
`GED INTEGRATED SOLUTIONS, INC.,
`Respondent Patent No. 9,428,953 B2,
`Respondent.
`____________
`
`DER2017-00007
`____________
`
`Before JONI Y. CHANG, JOSIAH C. COCKS, and JUSTIN T. ARBES,
`Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`
`SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`DER2017-00007
`Petitioner Application No. 15/058,862
`Respondent Patent No. 9,428,953 B2
`
`A. GENERAL INSTRUCTIONS
`1. Initial Conference Call
`An initial conference call is scheduled for 10:30 AM ET on April 17, 2018.
`2. Discovery Disputes
`The panel encourages parties to resolve disputes relating to discovery on
`their own and in accordance with the precepts set forth in 37 C.F.R. § 42.1(b). To
`the extent that a dispute arises between the parties relating to discovery, the parties
`shall meet and confer to resolve such a dispute before contacting the Board. If
`attempts to resolve the dispute fail, a party may request a conference call with the
`Board and the other party in order to seek authorization to move for relief. In any
`request for a conference call with the Board to resolve a discovery dispute, the
`requesting party shall:
`(a) certify that it has conferred with the other party in a good-faith effort to
`resolve the dispute;
`(b) identify with specificity the issues for which agreement has not been
`reached;
`(c) identify the precise relief to be sought; and
`(d) propose specific dates and times at which both parties are available for
`the conference call.
`The panel will not record conference calls or arrange for court reporters to
`be on such calls. If either party desires a transcript of a call, that party may provide
`a court reporter for the call without permission of the other party or the panel. In
`that case, the party must be sure to inform the other parties and the panel of the
`court reporter’s presence, either in advance of the call or at the very beginning of
`
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`DER2017-00007
`Petitioner Application No. 15/058,862
`Respondent Patent No. 9,428,953 B2
`
`
`the call. In addition, during the conference call, that party should seek
`authorization to file the transcript (without any modification), as an exhibit.
`3. Depositions
`The parties are advised that the Testimony Guidelines appended to the
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug. 14, 2012)
`(Appendix D), apply to this proceeding. The Board may impose an appropriate
`sanction for failure to adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For
`example, reasonable expenses and attorneys’ fees incurred by any party may be
`levied on a person who impedes, delays, or frustrates the fair examination of a
`witness.
`Whenever a party submits a deposition transcript as an exhibit in this
`proceeding, the submitting party shall file the full transcript of the deposition rather
`than excerpts of only those portions being cited. After a deposition transcript has
`been submitted as an exhibit, all parties who subsequently cite to portions of the
`transcript shall cite to the first-filed exhibit rather than submitting another copy of
`the same transcript.
`4. Cross-Examination
`Except as the parties might otherwise agree, for each due date—
`(a) Cross-examination begins after any supplemental evidence is due.
`37 C.F.R. § 42.53(d)(2).
`(b) Cross-examination ends no later than a week before the filing date for
`any paper in which the cross-examination testimony is expected to be used.
`Id.
`
`3
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`DER2017-00007
`Petitioner Application No. 15/058,862
`Respondent Patent No. 9,428,953 B2
`
`
`
`5. Observations on Cross-Examination
`Observation on cross-examination provides the parties with a mechanism to
`draw the Board’s attention to relevant cross-examination testimony of a reply
`witness because no further substantive paper is permitted after the reply. See
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012).
`The observation must be a concise statement of the relevance of precisely
`identified testimony to a precisely identified argument or portion of an exhibit.
`Each observation should not exceed a single, short paragraph. The opposing party
`may respond to the observation. Any response must be equally concise and
`specific.
`
`B. DUE DATES
`This order sets due dates for the parties to take action after institution of the
`proceeding. The parties may stipulate to different dates for DUE DATES 1
`through 4 (earlier or later, but no later than DUE DATE 5). A notice of the
`stipulation, specifically identifying the changed due dates, must be promptly filed.
`The parties may not stipulate to an extension of DUE DATES 5 and 6.
`In stipulating to different times, the parties should consider the effect of the
`stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to supplement
`evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-examination (37 C.F.R.
`§ 42.53(d)(2)), and to draft papers depending on the evidence and cross-
`examination testimony.
`1. DUE DATE 1
`The respondent may file a response to the petition. The page limit for any
`such response shall be governed by 37 C.F.R. § 42.24(b)(2).
`
`4
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`DER2017-00007
`Petitioner Application No. 15/058,862
`Respondent Patent No. 9,428,953 B2
`
`
`
`
`2. DUE DATE 2
`The petitioner must file any reply to the respondent’s response by DUE
`DATE 2. The page limit for any such reply shall be governed by 37 C.F.R.
`§ 42.24(c)(1).
`3. DUE DATE 3
`(a) Each party must file any observations on the cross-examination
`testimony of a reply witness (see section A.5, above) by DUE DATE 3.
`(b) Each party must file any motion to exclude evidence (37 C.F.R
`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by DUE
`DATE 3.
`4. DUE DATE 4
`(a) Each party must file any reply to an observation on cross-examination
`testimony by DUE DATE 4.
`(b) Each party must file any opposition to a motion to exclude evidence by
`DUE DATE 4.
`5. DUE DATE 5
`Each party must file any reply for a motion to exclude evidence by DUE
`DATE 5.
`6. DUE DATE 6
`The oral argument (if requested by either party, and if such request is
`granted by the panel) is set for DUE DATE 6.
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`DER2017-00007
`Petitioner Application No. 15/058,862
`Respondent Patent No. 9,428,953 B2
`
`
`
`DUE DATE APPENDIX
`
`
`
`INITIAL CONFERENCE CALL .....................10:30 AM ET April 17, 2018
`
`DUE DATE 1 ............................................................................ June 13, 2018
`Respondent’s response to the petition
`
`DUE DATE 2 .................................................................... September 5, 2018
`Petitioner’s reply to respondent’s response to petition
`
`DUE DATE 3 ........................................................................ October 3, 2018
`Observations regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 4 ...................................................................... October 24, 2018
`Response to observations
`Opposition to motion to exclude
`
`DUE DATE 5 .................................................................... November 7, 2018
`Reply to opposition to motion to exclude
`
`DUE DATE 6 .................................................................. November 14, 2018
`Oral argument (if requested, and if such request is granted)
`
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`6
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`DER2017-00007
`Petitioner Application No. 15/058,862
`Respondent Patent No. 9,428,953 B2
`
`For PETITIONER:
`Cyrus A. Morton
`Shui Li
`ROBINS KAPLAN LLP
`CMorton@RobinsKaplan.com
`SLi@RobinsKaplan.com
`
`For RESPONDENT:
`
`John A. Yirga
`George Pinchak
`jyirga@tarolli.com
`gpinchak@tarolli.com
`
`Samantha Smart
`srsmart86@gmail.com
`
`Thomas Shunk
`tshunk@bakerlaw.com
`
`
`
`
`
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`7
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