Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 11
`Entered: July 31, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`QUALTRICS, LLC,
`Petitioner,
`
`
`
`
`
`v.
`
`OPINIONLAB, INC.,
`Patent Owner.
`____________
`
`Cases1
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`____________
`
`Before RAMA G. ELLURU, JEREMY M. PLENZLER, GEORGIANNA
`W. BRADEN, and CARL M. DEFRANCO, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`
`
`1 This order applies to each of the five listed cases. We exercise our
`discretion to issue one order to be docketed in each case. The parties,
`however, are not authorized to use this caption for any subsequent papers.
`
`
`
`571-272-7822
`
`
`
`
`Paper 11
`Entered: July 31, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`QUALTRICS, LLC,
`Petitioner,
`
`
`
`
`
`v.
`
`OPINIONLAB, INC.,
`Patent Owner.
`____________
`
`Cases1
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`____________
`
`Before RAMA G. ELLURU, JEREMY M. PLENZLER, GEORGIANNA
`W. BRADEN, and CARL M. DEFRANCO, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`
`
`1 This order applies to each of the five listed cases. We exercise our
`discretion to issue one order to be docketed in each case. The parties,
`however, are not authorized to use this caption for any subsequent papers.
`
`
`
`
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`A.
`
`INITIAL CONFERENCE CALL
`
`
`
`This order sets a date for the initial conference call. See Appendix.
`
`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.
`
`B. DUE DATES
`
`
`
`This order sets due dates for the parties to take action in this trial. See
`
`Appendix. 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 any
`
`stipulation, specifically identifying the changed due dates, must be promptly
`
`filed. The parties may not stipulate to an extension of DUE DATES 6 and 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 C).
`
`
`
`The parties are reminded that the Testimony Guidelines appended to
`
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug.
`
`14, 2012) (Appendix D), apply to this trial. 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
`
`
`
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`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 cautioned that any arguments for patentability not raised and
`
`fully briefed 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. Each party must file any motion for an observation on the cross-
`
`examination testimony of a reply witness (see section D) by DUE DATE 4.
`
`
`
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`
`
`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. Each party must file any response to an 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
`
`Oral argument (if requested by either party) is set for DUE DATE 7.
`
`C. 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.
`
`
`
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`D. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`
`
`
`A motion for observation on cross-examination provides the parties
`
`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 Patent 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 opposing party may respond to the
`
`observation. Any response must be equally concise and specific.
`
`
`
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`
`APPENDIX
`
`
`
`INITIAL CONFERENCE CALL…………… August 25, 2014, 1:00 pm ET
`
`DUE DATE 1…………………………………………...... October 31, 2014
`
`
`
`
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`
`
`DUE DATE 2…………………………………………......... January 9, 2015
`
`
`
`
`
`Petitioner’s reply to patent owner’s response to the petition
`
`
`
`Petitioner’s opposition to motion to amend
`
`
`
`DUE DATE 3…………………………………...………… February 6, 2015
`
`
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4………………………………….……….... February 27, 2015
`
`
`
`
`
`
`
`
`
`Motion for observation regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`DUE DATE 5…………………………………...………….. March 13, 2015
`
`
`
`
`
`Response to observation
`
`Opposition to motion to exclude
`
`
`
`DUE DATE 6…………………………………….………... March 20, 2015
`
`
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7……………………………………….………....April 2, 2015
`
`Oral argument (if requested)
`
`
`
`
`
`
`
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`
`
`
`PETITIONER:
`
`Robert Steinberg
`Neil A. Rubin
`LATHAM & WATKINS LLP
`bob.steinberg@lw.com
`neil.rubin@lw.com
`
`
`
`PATENT OWNER:
`
`Christopher W. Kennerly
`Timothy P. Cremen
`PAUL HASTINGS LLP
`chriskennerly@paulhastings.com
`timothycremen@paulhastings.com
`
`
`
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