`Entered: December 4, 2014
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`PARROT S.A. and PARROT, INC.,
`Petitioner,
`
`v.
`
`DRONE TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00730 (Patent 7,584,071 B2)
`Case IPR2014-00732 (Patent 8,106,748 B2)1
`
`
`_______________
`
`
`
`Before HOWARD B. BLANKENSHIP, MATTHEW R. CLEMENTS, and
`CHRISTOPHER M. KAISER, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`1 We exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`IPR2014-00730 (Patent 7,584,071 B2)
`IPR2014-00732 (Patent 8,106,748 B2)
`
`A conference call in the above proceedings was held on
`
`December 3, 2014, between respective counsel for the parties and
`
`Judges Blankenship, Clements, and Kaiser. Counsel for Patent Owner
`
`requested the call to seek an order from the Board that Petitioner’s expert,
`
`Dr. Raffaello D’Andrea, appear for deposition on January 12, 2015
`
`(Petitioner’s proposed date) in Pittsburgh, and that Due Date 1 be extended
`
`two weeks until February 4, 2015.
`
`On the call, counsel for Patent Owner explained that Dr. D’Andrea
`
`resides in Switzerland, that his deposition was first requested during the
`
`initial conference call on November 13, 2014, and that counsel for Petitioner
`
`offered only two dates—January 9 or January 12, 2015—and only one
`
`U.S. location—Boston, Massachusetts. Neither Patent Owner’s nor
`
`Petitioner’s counsel is located in Boston. Patent Owner indicated that
`
`Petitioner had refused its request for an extension of Due Date 1 by two
`
`weeks, even with a commensurate extension of Due Date 2. Patent Owner
`
`also indicated that it was willing to pay for Dr. D’Andrea’s airfare from
`
`Boston to Pittsburgh, and that it could conduct the deposition on Sunday,
`
`January 11, 2015.
`
`Counsel for Petitioner explained that the limited dates and location are
`
`the result of its effort to make Dr. D’Andrea available in a reasonable
`
`location—i.e., within the United States. Counsel for Petitioner indicated that
`
`it has also offered to make Dr. D’Andrea available on other dates either in
`
`Zurich or by videoconference. Counsel for Petitioner also indicated that
`
`Dr. D’Andrea has a return flight from Boston to Switzerland on
`
`January 12, 2015, that precludes a deposition in Pittsburgh on that day.
`
`2
`
`
`
`
`
`IPR2014-00730 (Patent 7,584,071 B2)
`IPR2014-00732 (Patent 8,106,748 B2)
`
`Patent Owner’s response is due January 21, 2015. Petitioner’s
`
`proposed dates for the deposition of Dr. D’Andrea—January 9 and
`
`January 12—are less than two weeks before Patent Owner’s Response is
`
`due, leaving inadequate time for Patent Owner to incorporate the deposition
`
`evidence into its Patent Owner Response.
`
`During the call, counsel for both parties agreed to an extension of
`
`both Due Date 1 and Due Date 2 by two weeks to February 4, 2015, and
`
`to April 21, 2015, respectively. Also, we ordered the deposition of
`
`Dr. D’Andrea to occur on January 9, 2015, at the offices of Patent Owner’s
`
`counsel in Pittsburgh, unless the parties reach an alternative agreement.
`
`Patent Owner will pay the cost, within reason, of commercial, round-trip
`
`airfare for Dr. D’Andrea to travel between Boston and Pittsburgh.
`
`If the parties agree on a location at which to conduct the deposition on
`
`January 11 or January 12, 2015, the deposition may proceed on the agreed
`
`date at the agreed location. We encourage both parties to keep in mind that
`
`this is merely the first in a series of depositions in these proceedings, and to
`
`negotiate accordingly.
`
`
`
`It is:
`
`ORDER
`
`ORDERED that the deposition of Dr. D’Andrea will occur on
`
`January 9, 2015, at the offices of Patent Owner’s counsel in Pittsburgh,
`
`unless the parties reach an alternative agreement;
`
`FURTHER ORDERED that Due Date 1 is extended two weeks
`
`to February 4, 2015, and that Due Date 2 is extended two weeks to
`
`April 21, 2015; and
`
`3
`
`
`
`
`
`IPR2014-00730 (Patent 7,584,071 B2)
`IPR2014-00732 (Patent 8,106,748 B2)
`
`FURTHER ORDERED that Patent Owner will pay the cost, within
`
`reason, of commercial, round-trip airfare for Dr. D’Andrea to travel between
`
`4
`
`
`
`Boston and Pittsburgh.
`
`
`
`For PETITIONER:
`
`James Hopenfeld
`hopenfeld@oshaliang.com
`
`Tammy Terry
`terry@oshaliang.com
`
`For PATENT OWNER:
`
`Gene Tabachnick
`gtabachnick@beckthomas.com
`
`James Dilmore
`jdilmore@beckthomas.com
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
