throbber
Trial@uspto.gov
`571-272-7822
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` Paper 18
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`
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` Entered: 25 January 2013
`
`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
`Patent 6,778,074
`
`
`Before JAMESON LEE, MICHAEL P. TIERNEY, and JOSIAH C. COCKS,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`1
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`4
`5
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`8
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`9
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`On January 23, 2013, a conference call was conducted between the patent
`
`
`
`judge and respective counsel for the parties, to discuss any issues the parties may
`
`have about the Scheduling Order dated January 9, 2013, and any question the
`
`parties may have on trial procedure. All three members of this panel were in
`
`attendance at the conference call.
`
`

`

`Case IPR2012-00001
`Patent 6,778,074
`
`
`
`Counsel for the Patent Owner was informed that the Federal Rules of Civil
`
`procedure does not generally apply to this proceeding and that any proposed
`
`amendment or substitution of claims must explain how it obviates the grounds of
`
`unpatentability underlying the institution of this inter partes review and where
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`corresponding written description support in the specification can be found. It was
`
`also indicated to the Patent Owner that such explanation should be contained in the
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`motion to amend claims which is separate from the Patent Owner’s Response. In
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`addition, the Patent Owner was informed that the motion to amend claims should
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`not make any change to claims which are not involved in this proceeding.
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`The Patent Owner requested to file a motion for joinder of Chrysler
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`11
`
`Corporation and JVC Inc. which are allegedly “privies” to the Petitioner. The
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`12
`
`request was denied because the Patent Owner could not represent that either is
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`13
`
`currently a petitioner in a pending Inter Partes Review involving Patent 6,778,074.
`
`14
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`
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`Counsel for both parties indicated that neither has a problem with meeting
`
`15
`
`the dates set forth in the Scheduling Order dated January 9, 2013.
`
`
`
`
`-2-
`
`

`

`Case IPR2012-00001
`Patent 6,778,074
`
`For PETITIONER
`
`Jennifer C. Bailey
`Hovey Williams, LLP
`jcb@hoveywilliams.com
`
`For PATENT OWNER
`
`John R. Kasha
`Kasha Law LLC
`john.kasha@kashalaw.com
`
`Cabrach J. Connor
`Reed & Scardino LLP
`cconnor@reedscardino.com
`
`
`1
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`
`
`
`-3-
`
`

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