Trials@uspto.gov
`571-272-7822
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`Paper 16
`Date: January 9, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
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`GARMIN INTERNATIONAL, INC. ET AL.
`Petitioner
`
`v.
`
`Patent of CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`____________
`
`Case IPR2012-00001 (JL)
`Patent 6,778,074
`____________
`
`Before MICHAEL P. TIERNEY, Lead Administrative Patent Judge, JAMESON
`LEE, and JOSIAH C. COCKS, Administrative Patent Judges.
`
`
`LEE, Administrative Patent Judge.
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`SCHEDULING ORDER
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`A. DUE DATES
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`This order sets due dates for the parties to take action after institution of trial
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`on the authorized grounds and claims. The parties may stipulate to different dates
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`for DUE DATES 1 through 3 (earlier or later, but no later than DUE DATE 4). A
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`571-272-7822
`
`Paper 16
`Date: January 9, 2013
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`
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`GARMIN INTERNATIONAL, INC. ET AL.
`Petitioner
`
`v.
`
`Patent of CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`____________
`
`Case IPR2012-00001 (JL)
`Patent 6,778,074
`____________
`
`Before MICHAEL P. TIERNEY, Lead Administrative Patent Judge, JAMESON
`LEE, and JOSIAH C. COCKS, Administrative Patent Judges.
`
`
`LEE, Administrative Patent Judge.
`
`
`
`
`
`
`
`SCHEDULING ORDER
`
`A. DUE DATES
`
`This order sets due dates for the parties to take action after institution of trial
`
`on the authorized grounds and claims. The parties may stipulate to different dates
`
`for DUE DATES 1 through 3 (earlier or later, but no later than DUE DATE 4). A
`
`
`
`IPR2012-00001
`
`Patent 6,778,074
`
`
`notice of the stipulation, specifically identifying the changed due dates, must be
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`
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`promptly filed. The parties may not stipulate to an extension of DUE DATES 4-7.
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`
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`In stipulating to different times, the parties should consider the effect of the
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`stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to supplement
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`evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-examination (37 C.F.R.
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`§ 42.53(d)(2)), and to file papers relying on the evidence and cross-examination
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`testimony (see section B, below).
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`
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`The parties are reminded that the Testimony Guidelines appended to the
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`Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012) (Appendix D),
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`apply to this proceeding. The Board may impose an appropriate sanction for
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`failure to adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For example,
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`reasonable expenses and attorney fees incurred by any party may be levied on a
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`person who impedes, delays, or frustrates the fair examination of a witness.
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`
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`1. DUE DATE 1
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`The patent owner may file—
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`
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`a. A response to the petition (37 C.F.R. § 42.120), and
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`b. A motion to amend the patent (37 C.F.R. § 42.121).
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`Any such response or motion to amend by the patent owner must be filed by DUE
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`DATE 1. If the patent owner elects not to file anything, the patent owner must
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`initiate a joint conference call with the petitioner and the Board prior to DUE
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`DATE 1.
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`2
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`IPR2012-00001
`Patent 6,778,074
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`2. DUE DATE 2
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`The petitioner may file a reply to the patent owner’s response and an opposition to
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`the patent owner’s motion to amend. Any such filing must be made by DUE
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`DATE 2.
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`3. DUE DATE 3
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`The patent owner may file a reply to the petitioner’s opposition to patent owner’s
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`motion to amend. Any such filing must be made by DUE DATE 3.
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`
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`4. DUE DATE 4
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`a. The petitioner may file a motion for an observation on the cross-examination
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`testimony of a reply witness. (See section C, below). Any such filing must be
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`made by DUE DATE 4.
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`b. Each party may file a motion to exclude evidence (37 C.F.R § 42.64(c)) and a
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`request for oral argument (37 C.F.R. § 42.70(a)). Any such filing must be made by
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`DUE DATE 4.
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`5. DUE DATE 5
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`a. The patent owner may file a reply to a petitioner’s observation on cross-
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`examination testimony. Any such filing must be made by DUE DATE 5.
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`b. Each party may file an opposition to a motion to exclude evidence. Any such
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`filing must be made by DUE DATE 5.
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`3
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`IPR2012-00001
`Patent 6,778,074
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`6. DUE DATE 6
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`Each party may file a reply to an opposition to a motion to exclude evidence. Any
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`such filing must be made by DUE DATE 6.
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`7. DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE DATE 7.
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`B. CROSS-EXAMINATION
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`
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`Except as the parties might otherwise agree, for each due date —
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`1. Cross-examination begins after any supplemental evidence is due. 37 C.F.R.
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`§ 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date for any paper
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`in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the petitioner with
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`a mechanism to draw the Board’s attention to relevant cross-examination
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`testimony of a reply witness, since no further substantive paper is permitted after
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`the reply. See Office Trial Practice Guide, 77 Fed. Reg. 48756, 48768 (Aug. 14,
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`2012). The observation must be a concise statement of the relevance of precisely
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`identified testimony to a precisely identified argument or portion of an exhibit.
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`Each observation should not exceed a single, short paragraph. The patent owner
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`may respond to the observation. Any response must be equally concise and
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`specific.
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`4
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`IPR2012-00001
`Patent 6,778,074
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`DUE DATE APPENDIX
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`DUE DATE 1…………………………………………………. March 11, 2013
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
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`DUE DATE 2…………………………………………………….. May 21, 2013
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`Petitioner’s reply to Patent Owner’s response to petition
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`Petitioner’s opposition to Patent Owner’s motion to amend
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`DUE DATE 3…………………………………………………........ June 21, 2013
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`Patent Owner’s reply to Petitioner’s opposition to Patent
`Owner’s motion to amend
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`DUE DATE 4…………………………………………………….. July 12, 2013
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`Petitioner’s motion for observation regarding
`cross-examination of reply witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5……………………………………………………… July 26, 2013
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`Patent Owner’s response to observation
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`Opposition to motion to exclude evidence
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`DUE DATE 6………………………………………………… August 2, 2013
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`Reply to opposition to motion to exclude evidence
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`5
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`IPR2012-00001
`Patent 6,778,074
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`DUE DATE 7………………………………………………… August 16, 2013
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`Oral argument (if requested)
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`6
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`IPR2012-00001
`Patent 6,778,074
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`For PETITIONER:
`
`
`
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`Jennifer C. Bailey
`HOVEY WILLIAMS LLP
`10801 Mastin Boulevard, Suite 1000
`84 Corporate Woods
`Overland Park, Kansas 66210
`jcb@hoveywilliams.com
`
`For PATENT OWNER
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`John R. Kasha
`Kasha Law LLC
`4532 Dufief Mill Road
`North Potomac, Md 20878
`john.kasha@kashalaw.com
`
`Cabrach J. Connor
`Reed & Scardino LLP
`301 Congress Ave., Suite 1250
`Austin, Texas 78701
`cconnor@reedscardino.com
`
`7
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