`Tel: 571-272-7822
`
`
`
`
`Paper 22
`Entered: July 25, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`XILINX, INC.
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES I LLC
`Patent Owner
`____________
`
`Case IPR2013-00112 (SCM)
`Patent 5,779,334
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and
`JUSTIN T. ARBES, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`Case IPR2013-00112
`Patent 5,779,334
`
`
`The initial conference call was held on July 24, 2013 between
`respective counsel for Petitioner and Patent Owner, and Judges Medley,
`Easthom, and Arbes.1 In preparation for the initial conference call,
`Petitioner Xilinx, Inc. (“Xilinx”) filed a Notice Re Conference Call
`indicating that “it does not presently intend to file any motions.” Paper 18.
`Patent Owner Intellectual Ventures I LLC (“IV”) filed a List of Proposed
`Motions indicating that it anticipates filing (1) a motion to amend the patent,
`(2) a motion to exclude evidence, and (3) other motions “as the occasion
`arises.” Paper 20.
`IV intends to file a motion to amend. A discussion was had regarding
`the Office Patent Trial Practice Guide motion to amend guidelines, along
`with the guidelines provided in Idle Free Systems, Inc. v. Bergstrom, Inc.,
`IPR2012-00027, Paper 26 (June 11, 2013). The discussion satisfies the
`requirement that IV confers with the Board prior to filing a motion to
`amend. 37 C.F.R. § 42.121(a).
`Counsel for IV indicated that IV may file a motion to exclude. As
`explained, prior authorization is not necessary to file a motion to exclude.
`IV need not seek prior authorization from the Board if it determines to file a
`motion to exclude. If it so desires, IV may file a motion to exclude at the
`appropriate juncture. 37 C.F.R. § 42.64(c); Paper 15, DUE DATE 4.
`Counsel for IV expressed concern that there is insufficient time to
`complete the tasks that fall between DUE DATE 3 and DUE DATE 5. The
`Board encouraged the parties to discuss IV’s concerns and possibly agree to
`
`
`1 The initial conference call is held to discuss the Scheduling Order and any
`motions that the parties anticipate filing during the trial. Office Patent Trial
`Practice Guide, 77 Fed. Reg. 48756, 48765 (Aug. 14, 2012).
`
`
`
`2
`
`
`
`Case IPR2013-00112
`Patent 5,779,334
`
`shorten DUE DATES 1-3. The Board would consider adjusting DUE
`DATES 4 and 5, if such an agreement is made. At this time, no adjustment
`to the schedule is deemed necessary.
`
`
`PETITIONER:
`
`David L. McCombs
`Thomas B. King
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, TX 75219
`david.mccombs@haynesboone.com
`thomas.king@haynesboone.com
`
`PATENT OWNER:
`
`George E. Quillin
`Paul S. Hunter
`FOLEY & LARDNER LLP
`3000 K Street, N.W., Suite 600
`Washington, DC 20007-5109
`gquillin@foley.com
`phunter@foley.com
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
