`Tel: 571-272-7822
`
`
`
`
`Paper 37
`Entered: December 2, 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
`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
`
`
`A conference call was held on November 25, 2013 between respective
`
`counsel for Petitioner and Patent Owner, and Judges Medley, Easthom, and
`
`Arbes.
`
`The purpose of the conference call was for Patent Owner to seek
`
`authorization to file a motion for observation on cross-examination of
`
`Petitioner’s reply witness, Dr. Buckman. Based on the facts presented,
`
`Patent Owner is authorized to file a motion for observation on cross-
`
`examination by Due Date 4. Any response by Petitioner shall be filed by
`
`Due Date 5.
`
`A motion for observation on cross-examination is a mechanism to
`
`draw the Board’s attention to relevant cross-examination testimony of a
`
`reply witness. The observation must be a concise statement of the relevance
`
`of precisely identified testimony to a precisely identified argument or
`
`portion of an exhibit (including another part of the same testimony). Any
`
`response to observation must be equally concise and specific.
`
`An observation (or response) is not an opportunity to raise new issues,
`
`to re-argue issues, or to pursue objections. Each observation should be in
`
`the following form:
`
`In exhibit __, on page __, lines __, the witness testified __. This
`testimony is relevant to the __ on page __ of __. The testimony
`is relevant because __.
`
`
`The entire observation should not exceed one short paragraph. The
`
`Board may decline consideration or entry of excessively long or
`
`argumentative observations (or responses).
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2013-00112
`Patent 5,779,334
`
`
`Accordingly, it is
`
`ORDERED that Patent Owner is authorized to file a motion for
`
`observation regarding the cross-examination testimony of the Petitioner’s
`
`reply witness by Due Date 4; and
`
`FURTHER ORDERED that Petitioner is authorized to file a response
`
`to any observation filed by Patent Owner by Due Date 5.
`
`
`
`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
`
`
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