throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 17
`Entered: July 16, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TOSHIBA CORPORATION,
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner
`_______________
`
`Case IPR2014-00317
`Patent 5,687,132
`_______________
`
`
`
`
`Before KEVIN F. TURNER, TREVOR M. JEFFERSON, and
`DAVID C. MCKONE, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`INITIAL CONFERENCE SUMMARY
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`

`

`IPR2014-00317
`Patent 5,687,132
`
`The initial conference call for this proceeding was held on July 15,
`2014, between respective counsel for Petitioner and Patent Owner, and
`Judges Turner, Jefferson, and McKone. The purpose of the call was to
`discuss any proposed changes to the Scheduling Order (Paper 12) and any
`motions that the parties intend to file. Petitioner filed a statement (Paper 15)
`that it does not anticipate filing any motions beyond those set forth in the
`Scheduling Order. Patent Owner filed a statement (Paper 14) that it might
`file a motion to amend the claims.
`
`A. Scheduling Order
`Neither party indicated any concerns with the Scheduling Order.
`
`B. Motion to Amend
`Patent Owner indicated that it might file a motion to amend. Patent
`Owner is reminded that, should it decide to do so, it must confer with the
`Board in a conference call before filing the motion. See 37 C.F.R.
`§ 42.121(a). One of the purposes of the conference requirement is for the
`Board to give guidance on the requirements of a motion to amend.
`Therefore, Patent Owner should leave sufficient time before any such
`motion to amend is filed so that changes can be made, if needed.
`
`C. Related Matters
`The parties indicated that there has been no change in the status of the
`related district court lawsuit, Intellectual Ventures I LLC & Intellectual
`Ventures II LLC v. Toshiba Corp., No. 1:13-cv-00453 (D. Del.), since the
`
`2
`
`

`

`IPR2014-00317
`Patent 5,687,132
`
`parties’ respective statements of related matters in the Petition (Paper 1),
`at 1, and Mandatory Notices (Paper 5), at 2.
`
`
`D. Settlement
`
`The parties indicated that no settlement agreement has been reached.
`
`
`
`PETITIONER:
`
`Gerald T. Sekimura
`Kevin C. Hamilton
`DLA PIPER LLP
`gerald.sekimura@dlapiper.com
`kevin.hamilton@dlapiper.com
`
`PATENT OWNER:
`
`Lori A. Gordon
`Michael D. Specht
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`lgordon-PTAB@skgf.com
`mspecht-PTAB@skgf.com
`
`
`
`3
`
`

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