`Tel: 571-272-7822
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`Paper 21
`Entered: April 21, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HEARTLAND TANNING, INC.
`Petitioner
`
`v.
`
`SUNLESS, INC.
`Patent Owner
`_______________
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`_______________
`
`
`Before FRANCISCO C. PRATS and RAMA G. ELLURU
`
`ELLURU, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`Case IPR2014-00018
`Patent 8,201,288 B2
`
`On April 22, 2014, an initial conference was held among counsel for
`Petitioner, Heartland Tanning, Inc., and Paten Owner, Sunless, Inc., and Judges
`Elluru and Prats. The following matters were discussed.
`Settlement Discussion. The parties indicated that settlement discussions are
`ongoing, but that no settlement had been reached at this time.
`Scheduling Order. Patent Owner stated that it wants to extend DUE DATE
`1, but that Petitioner has not agreed to changing that date. Petitioner stated that it
`does not oppose extending DUE DATE 1, but would want to extend DUE DATE 2
`if DUE DATE 1 is extended. The panel directed the parties to continue to meet
`and confer with respect to changing those due dates. As the Scheduling Order
`indicates, the parties may stipulate to different dates for DUE DATES 1 through 3
`(earlier or later, but no later than DUE DATE 4). The parties promptly must file a
`notice of the stipulation, specifically identifying the changed due dates.
`Motions List. Neither party filed a list of proposed motions prior to the
`conference. Patent Owner indicated that it might possibly file a motion to amend.
`We noted that prior to filing a motion to amend, Patent Owner must confer with
`the panel pursuant to 37 C.F.R. § 42.121(a).
`Patent Owner’s Paper No. 19. Patent Owner filed a paper titled “Patent
`Owner Sunless, Inc.’s Response to Heartland Tanning, Inc.’s Objections to
`Exhibits.” Paper No. 19. We will expunge Paper No. 19 from the record. A party
`may not file a paper in the record without prior authorization. If a party desires to
`bring to the attention of the panel an unresolved dispute between the parties, it may
`contact the Board to set up a conference call with the panel to discuss the dispute.
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`Case IPR2014-00018
`Patent 8,201,288 B2
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`Accordingly, it is:
`ORDERED: The parties are directed to meet and confer with respect to
`changing DUE DATES 1 and 2.
`
`
`
`FOR PETITIONER:
`
`Rudolph A. Telscher, Jr.
`Douglas A. Robinson
`Greg W. Meyer
`HARNESS, DICKEY & PIERCE, PLC
`rtelscher@hdp.com
`drobinson@hdp.com
`gmeyer@hdp.com
`
`FOR PATENT OWNER:
`
`Steven M. Auvil
`Bryan J. Jaketic
`SQUIRE SANDERS (US) LLP
`steven.auvil@squiresanders.com
`bryan.jaketic@squiresanders.com
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