`Date: December 5, 2013
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR CORPORATION.
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC.
`Patent Owner.
`____________
`
`Case IPR2013-00412
`Patent 6,738,697
`____________
`
`Before JAMESON LEE, TREVOR M. JEFFERSON,
`and BARBARA A. PARVIS, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`Order
`Conduct of Proceedings
`37 C.F.R. § 42.05
`
`
`
`
`
`
`
`
`
`IPR2013-00412
`Patent 6,738,697
`
`
`
`Introduction
`On December 2, 2013, a conference call was held between respective
`
`counsel for the parties and Judges Lee, Jefferson, and Parvis. Counsel for
`Petitioner requested the conference call to seek authorization to file supplemental
`evidence, i.e., a declaration of a foreign language translator, to support a foreign
`language document relied on by Petitioner as prior art. The Patent Owner had, in
`its Preliminary Response, objected to the certification of translation that was
`provided by Petitioner in support of the English translation of the document.
`The Board has not yet determined whether to institute inter partes review in
`
`this case.
`
`Discussion
`During the conference, the Board directed attention of the parties to
`
`37 C.F.R. § 42.64. Any objection to evidence filed during a preliminary
`proceeding (prior to institution of trial) must be served within ten business days of
`institution of trial. 37 C.F.R. § 42.64(b)(1). The party relying on evidence to
`which an objection is timely served may respond to the objection by serving
`supplemental evidence within ten business days of service of the objection.
`37 C.F.R. § 42.64(b)(2). Because the action contemplated by Petitioner is
`specifically covered by 37 C.F.R. § 42.64(b)(1) and § 42.64(b)(2), the Board
`instructed the parties to follow the procedure outlined therein.
`Order
`It is ORDERED that Petitioner’s request for authorization to file
`
`supplemental evidence prior to institution of trial is denied.
`
`
`
`
`
`2
`
`
`
`
`
`
`
`
`
`
`IPR2013-00412
`Patent 6,738,697
`
`For Petitioner:
`A. Antony Pfeffer
`apfeffer@kenyon.com
`
`For Patent Owner:
`Thomas Wimbiscus
`Scott McBride
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`
`
`3
`
`
`
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