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Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 17
`Date Entered: February 5, 2014
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE INC.
`Petitioner
`
`v.
`
`GRANDEYE LTD.
`Patent Owner
`_______________
`
`Case IPR2013-00548
`Patent 7,542,035 B2
`_______________
`
`
`Before JAMESON LEE, DAVID C. McKONE, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`
`SCHEDULING ORDER
`
`
`
`
`
`

`

`
`
`
`
`Case IPR2013-00548
`Patent 7,542,035 B1
`
`A. DUE DATES
`
`This order sets due dates for the parties to take action after institution of the
`
`proceeding. The parties may stipulate to different dates for DUE DATES 1
`through 3 (earlier or later, but no later than DUE DATE 4). A notice of the
`stipulation, specifically identifying the changed due dates, must be filed promptly.
`The parties may not stipulate to an extension of DUE DATES 4-7.
`
`In stipulating to different times, the parties should consider the effect of the
`stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to supplement
`evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-examination (37 C.F.R.
`§ 42.53(d)(2)), and to draft papers depending on the evidence and cross-
`examination testimony (see section B, below).
`
`The parties are reminded that the Testimony Guidelines appended to the
`Office Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug. 14, 2012)
`(Appendix D), apply to this proceeding. The Board may impose an appropriate
`sanction for failure to adhere to the Testimony Guidelines. See 37 C.F.R. § 42.12.
`For example, reasonable expenses and attorneys’ fees incurred by any party may
`be levied on a person who impedes, delays, or frustrates the fair examination of a
`witness.
`
`1. DUE DATE 1
`The patent owner may file—
`
`a. A response to the petition (37 C.F.R. § 42.120), and
`
`b. A motion to amend the patent (37 C.F.R. § 42.121).
`The patent owner must file any such response or motion to amend by DUE
`DATE 1. If the patent owner elects not to file anything, the patent owner must
`arrange a conference call with the parties and the Board. The patent owner is
`
`2
`
`
`

`

`Case IPR2013-00548
`Patent 7,542,035 B1
`
`
`cautioned that any arguments for patentability not raised in the response will be
`deemed waived.
`
`
`
`2. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and opposition to
`the motion to amend by DUE DATE 2.
`
`3. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to patent
`owner’s motion to amend by DUE DATE 3.
`
`4. DUE DATE 4
`a. The petitioner must file any motion for an observation on the cross-examination
`testimony of a reply witness (see section C, below) by DUE DATE 4.
`b. Each party must file any motion to exclude evidence (37 C.F.R § 42.64(c)) and
`any request for oral argument (37 C.F.R. § 42.70(a)) by DUE DATE 4.
`
` 5. DUE DATE 5
`a. The patent owner must file any reply to a petitioner observation on cross-
`examination testimony by DUE DATE 5.
`b. Each party must file any opposition to a motion to exclude evidence by DUE
`DATE 5.
`
`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by DUE DATE 6.
`
`7. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE DATE 7.
`
`3
`
`
`

`

`
`
`Case IPR2013-00548
`Patent 7,542,035 B1
`
`B. CROSS-EXAMINATION
`Except as the parties might otherwise agree, for each due date—
`1. Cross-examination begins after any supplemental evidence is due. 37 C.F.R.
`§§ 42.53(d)(2).
`2. Cross-examination ends no later than a week before the filing date for any paper
`in which the cross-examination testimony is expected to be used. Id.
`
`
`
`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`A motion for observation on cross-examination provides the petitioner with a
`mechanism to draw the Board’s attention to relevant cross-examination testimony
`of a reply witness, since no further substantive paper is permitted after the reply.
`See Office Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012).
`The observation must be a concise statement of the relevance of precisely
`identified testimony to a precisely identified argument or portion of an exhibit.
`Each observation should not exceed a single, short paragraph. The patent owner
`may respond to the observation. Any response must be equally concise and
`specific.
`
`DUE DATE APPENDIX
`
`DUE DATE 1…………………………………………………Apr. 7, 2014
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`DUE DATE 2…………………………………………………. June 6, 2014
`
`Petitioner’s reply to patent owner response to petition
`
`
`Petitioner’s opposition to motion to amend
`
`
`
`
`4
`
`
`

`

`
`
`Case IPR2013-00548
`Patent 7,542,035 B1
`
`
`DUE DATE 3………………………………………………… July 7, 2014
`
`Patent owner’s reply to petitioner opposition to motion to amend
`
`DUE DATE 4………………………………………………… July 28, 2014
`
`Petitioner’s motion for observation regarding
`
`cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`
`
`DUE DATE 5………………………………………………… Aug. 11, 2014
`
`Patent owner’s response to observation
`
`Opposition to motion to exclude
`
`
`DUE DATE 6………………………………………………… Aug. 18, 2014
`
`Reply to opposition to motion to exclude
`
`
`DUE DATE 7………………………………………………… Sept. 5, 2014
`
`Oral argument (if requested)
`
`
`
`
`
`
`5
`
`
`

`

`
`
`
`
`Case IPR2013-00548
`Patent 7,542,035 B1
`
`PETITIONER:
`
`Cono A. Carrano
`Ruben Munoz
`ccarrano@akingump.com
`rmunoz@akingump.com
`
`PATENT OWNER:
`
`Robert O. Groover III
`Seth A. Horwitz
`Stephen Y. Chow
`groover@technopatents.com
`shorwitz6576@gmail.com
`schow@burnslev.com
`
`
`
`6
`
`
`

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