Trials@uspto.gov
`571-272-7822
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` Paper 13
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` Entered: July 11, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOSHIBA CORPORATION, TOSHIBA AMERICA, INC.;
`TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC.; AND
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES I, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00310
`Patent 7,836,371
`____________
`
`
`
`Before KEVIN F. TURNER, TREVOR M. JEFFERSON,
`and DAVID C. MCKONE, Administrative Patent Judges.
`
`
`TURNER, Administrative Patent Judge.
`
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`571-272-7822
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`
`
` Paper 13
`
`
`
` Entered: July 11, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOSHIBA CORPORATION, TOSHIBA AMERICA, INC.;
`TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC.; AND
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES I, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00310
`Patent 7,836,371
`____________
`
`
`
`Before KEVIN F. TURNER, TREVOR M. JEFFERSON,
`and DAVID C. MCKONE, Administrative Patent Judges.
`
`
`TURNER, Administrative Patent Judge.
`
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`Case IPR2014-00310
`Patent 7,836,371
`
`A. DUE DATES
`
`
`
`The parties may stipulate to different dates for DUE DATES 1 through 5
`
`(earlier or later, but no later than DUE DATE 6). A notice of the stipulation,
`
`specifically identifying the changed due dates, must be promptly filed. The parties
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`may not stipulate to an extension of DUE DATES 6 and 7.
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`
`
`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 Patent 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. 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. INITIAL CONFERENCE CALL
`
`The parties are directed to the Office Patent Trial Practice Guide, 77 Fed.
`
`Reg. 48,756, 48,765–66 (Aug. 14, 2012) for guidance in preparing for the initial
`
`conference call, and should be prepared to discuss any proposed changes to this
`
`Scheduling Order and any motions the parties anticipate filing during the trial.
`
`
`2. DUE DATE 1
`
`The patent owner may file—
`
`2
`
`
`
`Case IPR2014-00310
`Patent 7,836,371
`
`
`
`
`
`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
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`arrange a conference call with the parties and the Board. The patent owner is
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`cautioned that any arguments for patentability not raised and fully briefed in the
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`response will be deemed waived.
`
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`3. DUE DATE 2
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`The petitioner must file any reply to the patent owner’s response and
`
`opposition to the motion to amend by DUE DATE 2.
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`4. DUE DATE 3
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`The patent owner must file any reply to the petitioner’s opposition to patent
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`owner’s motion to amend by DUE DATE 3.
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`5. DUE DATE 4
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`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.
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`b. Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by DUE
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`DATE 4.
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`6. DUE DATE 5
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`a. The patent owner must file any reply to a petitioner observation on cross-
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`examination testimony by DUE DATE 5.
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`b. Each party must file any opposition to a motion to exclude evidence by
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`3
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`
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`Case IPR2014-00310
`Patent 7,836,371
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`DUE DATE 5.
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`7. DUE DATE 6
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`Each party must file any reply for a motion to exclude evidence by DUE
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`DATE 6.
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`8. DUE DATE 7
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`
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`The oral argument (if requested by either party) is set for DUE DATE 7.
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`B. CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date—
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`1. Cross-examination begins after any supplemental evidence is due. 37
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`C.F.R. §§ 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date for
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`any paper in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the parties with a
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`mechanism to draw the Board’s attention to relevant cross-examination testimony
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`of a reply witness because no further substantive paper is permitted after the reply.
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`See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
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`2012). The observation must be a concise statement of the relevance of precisely
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`identified testimony to a precisely identified argument or portion of an exhibit.
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`Each observation should not exceed a single, short paragraph. The opposing party
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`may respond to the observation. Any response must be equally concise and
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`specific.
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`4
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`
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`Case IPR2014-00310
`Patent 7,836,371
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`DUE DATE APPENDIX
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`INITIAL CONFERENCE CALL ………………… August 5, 2014 at 1:30 PM ET
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`DUE DATE 1…………….………………………………… September 11, 2014
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`
`
`
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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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`
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`DUE DATE 2……………………………………………….. November 12, 2014
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`Petitioner’s reply to patent owner response to petition
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`Petitioner’s opposition to motion to amend
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`DUE DATE 3……………………………………………....... December 11, 2014
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`
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4……………………………………………………... January2, 2015
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`Petitioner’s motion for observation regarding cross-examination of reply
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`witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5……………………………………..…………...... January15, 2014
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`Patent owner’s response to observation
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`Opposition to motion to exclude
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`DUE DATE 6………………………………………………….. January22, 2015
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`Reply to opposition to motion to exclude
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`
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`DUE DATE 7……………………………..…………………… February 12, 2015
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`
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`Oral argument (if requested)
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`
`
`5
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`
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`Case IPR2014-00310
`Patent 7,836,371
`
`For PETITIONER:
`
`Gerald T. Sekimura
`Alan A. Limbach
`DLA PIPER LLP
`gerald.sekimura@dlapiper.com
`alan.limbach@dlapiper.com
`IV-Toshiba-DLA-Team@dlapiper.com
`
`
`
`
`
`For PATENT OWNER:
`
`Lori A. Gordon
`Michael D. Specht
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`lgordon-PTAB@skgf.com
`mspecht-PTAB@skgf.com
`
`
`6
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