Trials@uspto.gov
`571-272-7822
`
` Paper 9
`
`Entered: March 11, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SPACE EXPLORATION TECHNOLOGIES CORP.,
`Petitioner,
`
`v.
`
`BLUE ORIGIN LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01376
`Patent 8,678,321 B2
`____________
`
`
`
`Before KEN B. BARRETT, HYUN J. JUNG, and CARL M. DEFRANCO,
`Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`571-272-7822
`
` Paper 9
`
`Entered: March 11, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SPACE EXPLORATION TECHNOLOGIES CORP.,
`Petitioner,
`
`v.
`
`BLUE ORIGIN LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01376
`Patent 8,678,321 B2
`____________
`
`
`
`Before KEN B. BARRETT, HYUN J. JUNG, and CARL M. DEFRANCO,
`Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`IPR2014-01376
`Patent 8,678,321 B2
`
`This Order sets a schedule for trial, including due dates for the parties
`
`to take action in this trial. See Appendix. The trial will be administered
`such that pendency before the Board is no more than one year after
`institution. 37 C.F.R. § 42.100(c).
`A. INITIAL
`CONFERENCE CALL
`
`The Appendix does not specify a date for the initial conference call.
`An initial conference call will occur upon request from either party. If a
`conference call is requested, 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 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
`
`The Appendix specifies due dates for the parties to take action in this
`trial. 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).
`
`2
`
`
`
`IPR2014-01376
`Patent 8,678,321 B2
`
`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
`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.
`
`3
`
`
`
`IPR2014-01376
`Patent 8,678,321 B2
`
`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.
`
`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).
`
`4
`
`
`
`IPR2014-01376
`Patent 8,678,321 B2
`
`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.
`
`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.
`
`5
`
`
`
`IPR2014-01376
`Patent 8,678,321 B2
`
`
`APPENDIX
`
`
`INITIAL CONFERENCE CALL……….…..…..…..…..….... Upon Request
`DUE DATE 1………………………………………...…........... June 4, 2015
`
`Patent owner’s response to the petition
`
`
`Patent owner’s motion to amend the patent
`DUE DATE 2……………………………………………..September 3, 2015
`
`Petitioner’s reply to patent owner’s response to the petition
`
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3………………………………….......………...October 1, 2015
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`DUE DATE 4………………………………….…………...October 22, 2015
`
`Motion for observation regarding cross-examination of reply witness
`
`
`Motion to exclude evidence
`
`Request for oral argument
`DUE DATE 5…………………………………...……….. November 5, 2015
`
`Response to observation
`
`
`Opposition to motion to exclude
`DUE DATE 6…………………………………….……. .November 19, 2015
`
`Reply to opposition to motion to exclude
`DUE DATE 7……………………………………….…….December 9, 2015
`
`Oral argument (if requested)
`
`
`
`6
`
`
`
`
`
`IPR2014-01376
`Patent 8,678,321 B2
`
`
`FOR PETITIONER:
`
`Heidi L. Keefe
`C. Scott Talbot
`COOLEY LLP
`hkeefe@cooley.com
`stalbot@cooley.com
`zpatdcdocketing@cooley.com
`
`FOR PATENT OWNER:
`
`John M. Wechkin
`Ryan J. McBrayer
`PERKINS COIE LLP
`JWechkin@perkinscoie.com
`RMcBrayer@perkinscoie.com
`
`
`
`7
`
`
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
