Paper 13
`Entered: December 18, 2013
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`GARMIN INTERNATIONAL, INC.
`and GARMIN USA, INC.
`Petitioner
`
`v.
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`CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`____________
`
`Case IPR2013-00373
`Patent 6,778,074
`____________
`
`
`Before JAMESON LEE, MICHAEL P. TIERNEY, and
`JOSIAH C. COCKS, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
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`
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`
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`SCHEDULING ORDER
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`
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`Entered: December 18, 2013
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`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`GARMIN INTERNATIONAL, INC.
`and GARMIN USA, INC.
`Petitioner
`
`v.
`
`CUOZZO SPEED TECHNOLOGIES LLC
`Patent Owner
`____________
`
`Case IPR2013-00373
`Patent 6,778,074
`____________
`
`
`Before JAMESON LEE, MICHAEL P. TIERNEY, and
`JOSIAH C. COCKS, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`
`SCHEDULING ORDER
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`
`
`Case IPR2013-00373
`Patent 6,778,074
`
`A.
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`INITIAL CONFERENCE CALL
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`An initial conference call with the Board is scheduled for 2:00 PM, Eastern
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`Time on January 9, 2014.
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`B. DUE DATES
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`This order sets due dates for the parties to take action in this trial. The
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`parties may stipulate to different dates for DUE DATES 1 through 3 (earlier or
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`later, but no later than DUE DATE 4). A notice of the stipulation, specifically
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`identifying the changed due dates, must be promptly filed. The parties may not
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`stipulate to an extension of DUE DATES 4-7.
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`In stipulating to difference 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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`Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012)
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`(Appendix D), apply to this proceeding. The Board may impose an appropriate
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`sanction for failure to adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For
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`example, reasonable expenses and attorney fees incurred by a party may be levied
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`on a person who impedes, delays, or frustrates the fair examination of a witness.
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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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`2
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`Case IPR2013-00373
`Patent 6,778,074
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`Any such response or motion to amend by the patent owner must be filed by
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`DUE DATE 1. If the patent owner elects not to file anything, the patent owner
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`must arrange a conference call with the parties and the Board. The patent owner is
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`cautioned that any argument for patentability not raised and fully briefed in the
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`response will be deemed waived.
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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
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`opposition to the patent owner’s motion to amend. Any such filing must be made
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`by DUE 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
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`owner’s motion to amend. Any such filing must be made by DUE DATE 3.
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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-
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`examination testimony of a reply witness. (See section C, below). Any such filing
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`must be made by DUE DATE 4.
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`
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`b. Each party may file a motion to exclude evidence (37 C.F.R. § 42.64(c))
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`and a request for oral argument (37 C.F.R. § 42.70(a)). Any such filing must be
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`made by 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
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`such filing must be made by DUE DATE 5.
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`3
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`Case IPR2013-00373
`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.
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`Any 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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`C.
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`CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date –
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`
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`1. Cross-examination begins after any supplemental evidence is due.
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`37 C.F.R. § 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date
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`for any paper in which the cross-examination testimony is expected to be
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`used. Id.
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`D. 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 Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48768
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`(Aug. 14, 2012). The observation should not exceed a single, short paragraph.
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`The patent owner may respond to the observation. Any response must be equally
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`concise and specific.
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`DUE DATE APPENDIX
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`4
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`Case IPR2013-00373
`Patent 6,778,074
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`DUE DATE 1…………………………………………………. February 18, 2014
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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………………………………………………....… April 18, 2014
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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……………………………………………..…………. May 19, 2014
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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……………………………………………....………… June 9, 2014
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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………………………………………….…………… June 23, 2014
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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…………………………………………….…………. June 30, 2014
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`Reply to opposition to motion to exclude evidence
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`DUE DATE 7…………………………………………..……………. July 16, 2014
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`Oral argument (if requested)
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`For PETITIONER:
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`5
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`Case IPR2013-00373
`Patent 6,778,074
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`
`Jennifer Bailey
`Jason Mudd
`Eric Buresh
`jcrawford@hoveywilliams.com
`jason.mudd@eriseip.com
`eric.buresh@eriseip.com
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`
`
`For PATENT OWNER:
`
`John Kasha
`john.kasha@kashalaw.com
`
`
`6
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