`Tel: 571-272-7822
`
`Paper 13
`Entered: May 21, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ERICSSON INC. and
`TELEFONAKTIEBOLAGET LM ERICSSON
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner
`
`Case IPR2014-01412
`Patent 5,963,557
`
`
`
`
`
`
`
`
`
`
`Before BRIAN J. McNAMARA, JUSTIN BUSCH, and
`MINN CHUNG, Administrative Patent Judges.
`
`McNAMARA, Administrative Patent Judge.
`
`AMENDED SCHEDULING ORDER
`
`
`
`
`
`IPR2014-01412
`Patent 5,963,557
`
`Background
`
`On April 20, 2014, Ericsson Inc. and Telefonaktiebolaget LM
`
`Ericsson (collectively, “Petitioner”) filed a petition in IPR2015-01077
`
`challenging claims 11 and 25 of U.S. Patent No. 5,963,557 and a motion to
`
`join IPR2015-01077 with this proceeding. In our summary of the initial
`
`conference in this proceeding, we noted that Petitioner and Intellectual
`
`Ventures II LLC (“Patent Owner”) would confer about a schedule under
`
`which we would proceed if we join or consolidate this proceeding and
`
`IPR2015-01077. In an e-mail on May 13, 2015, the parties proposed the
`
`following dates:
`
`Date 1 – August 21, 2015
`Date 2 – November 13, 2015
`Date 3 – November 30, 2015
`Date 4 – December 21, 2015
`Date 5 – January 4, 2016
`Date 6 – January 13, 2016
`Date 7 – January 26, 2016
`
`In a telephone conference on May 21, 2015, we advised the parties
`
`that their proposed schedule defers a number of dates longer than necessary,
`
`whether or not we join or consolidate the proceedings. We further advised
`
`the parties that we had determined a schedule that would allow us to
`
`accommodate joinder, consolidation, or a parallel proceeding, should we
`
`institute a trial in IPR2015-01077. The amended schedule in Appendix A
`
`changes DATE 1 from June 18, 2015 to August 10, 2015, DATE 2 from
`
`September 18, 2015 to October 10, 2015, and DATE 3 from October 19,
`
`2015 to October 30, 2015. No other changes have been made to the
`
`Scheduling Order. The parties are authorized to stipulate to further changes
`
`to DATES 1–5 only. The parties may not stipulate to changes in DATES 6
`
`2
`
`
`
`IPR2014-01412
`Patent 5,963,557
`
`and 7. In order to accommodate this schedule, we also advised the parties
`
`that we set June 15, 2015 as the Due Date for filing a Patent Owner
`
`Preliminary Response in IPR2015-01077.
`
`
`
`3
`
`
`
`IPR2014-01412
`Patent 5,963,557
`
`DUE DATE APPENDIX
`
`DUE DATE 1 ........................................................................... Aug. 10, 2015
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ............................................................................. Oct. 10, 2015
`
`Petitioner’s reply to patent owner’s response to petition
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ............................................................................. Oct. 30, 2015
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ............................................................................. Nov. 9, 2015
`
`Motion for observation regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`DUE DATE 5 ........................................................................... Nov. 23, 2015
`
`Response to observation
`
`Opposition to motion to exclude
`
`DUE DATE 6 .............................................................................. Dec. 2, 2015
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ............................................................................ Dec. 15, 2015
`
`Oral argument (if requested)
`
`4
`
`
`
`IPR2014-01412
`Patent 5,963,557
`
`PETITIONER:
`
`Steven Spears
`sspears@mwe.com
`
`Matthew McCloskey
`mmcloskey@mwe.com
`
`
`PATENT OWNER
`
`Lori Gordon
`Lgordon-ptab@skgf.com
`
`Michael Specht
`Mspecht-ptab@skgf.com
`
`James Hietala
`jhietala@intven.com
`
`Tim Seeley
`tim@intven.com
`
`5
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