Trials@uspto.gov
`571.272.7822
`
`
`Paper No. 9
`Filed: March 26, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AMAZON.COM, INC. AND AMAZON WEB SERVICES, LLC,
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC,
`Patent Owner.
`_______________
`
`Cases IPR2014-01527 (Patent 5,887,243)
`IPR2014-01528 (Patent 7,783,252)
`IPR2014-01530 (Patent 7,864,956)
`IPR2014-01533 (Patent 7,805,749)1
`_______________
`
`Before KARL D. EASTHOM, TRENTON A. WARD, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`1 This Order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`
`571.272.7822
`
`
`Paper No. 9
`Filed: March 26, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AMAZON.COM, INC. AND AMAZON WEB SERVICES, LLC,
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC,
`Patent Owner.
`_______________
`
`Cases IPR2014-01527 (Patent 5,887,243)
`IPR2014-01528 (Patent 7,783,252)
`IPR2014-01530 (Patent 7,864,956)
`IPR2014-01533 (Patent 7,805,749)1
`_______________
`
`Before KARL D. EASTHOM, TRENTON A. WARD, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`1 This Order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`
`
`IPR2014-01527
`IPR2014-01528
`IPR2014-01530
`IPR2014-01533
`
`A. DUE DATES
`This order sets due dates for the parties to take action after institution
`of the proceeding. 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 the 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 B, below).
`The parties are reminded that the Testimony Guidelines appended to
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug.
`14, 2012) (Appendix D), apply to this proceeding. 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. INITIAL CONFERENCE CALL
`Either party may request an initial conference call within one month
`of the mailing date of the Decision to Institute. To request a conference call,
`the parties should confer and submit a list of dates and times when they are
`available for a call. If an initial conference call is requested, the parties
`
`2
`
`
`
`IPR2014-01527
`IPR2014-01528
`IPR2014-01530
`IPR2014-01533
`
`should be prepared to discuss any proposed changes to this Scheduling
`Order and any motions the parties anticipate filing during the trial. 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 an initial
`conference call.
`
`2. 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 in the
`response will be deemed waived. The patent owner is reminded that it must
`confer with the Board prior to filing a Motion to Amend. Patent owner
`should arrange for any such conference at least two weeks prior to the due
`date for the Motion to Amend.
`
`3. 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.
`
`4. 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
`
`
`
`IPR2014-01527
`IPR2014-01528
`IPR2014-01530
`IPR2014-01533
`
`5. DUE DATE 4
`a.
`Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see section C, below) 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.
`
`6. 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.
`
`7. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`8. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`B. 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
`
`
`
`IPR2014-01527
`IPR2014-01528
`IPR2014-01530
`IPR2014-01533
`
`
`Cross-examination ends no later than a week before the filing
`2.
`date for any paper in which the cross-examination testimony is expected to
`be used. Id.
`
`C. 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 because 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.
`
`D. PROTECTIVE ORDER
`
`No protective order has been entered in this proceeding. The parties
`are reminded of the requirement for a protective order when filing a motion
`to seal. 37 C.F.R. § 42.54. If the parties have agreed to a proposed
`protective order, including the Standing Default Protective Order, 77 Fed.
`Reg. 48,756, App. B (Aug 14, 2012), they should file a signed copy of the
`proposed protective order with the motion to seal. If the parties choose to
`propose a protective order other than, or departing from, the default Standing
`Protective Order, they must submit a joint, proposed protective order,
`
`5
`
`
`
`IPR2014-01527
`IPR2014-01528
`IPR2014-01530
`IPR2014-01533
`
`accompanied by a red-lined version based on the default protective order in
`Appendix B to the Board’s Office Patent Trial Practice Guide.
`
`6
`
`
`
`IPR2014-01527
`IPR2014-01528
`IPR2014-01530
`IPR2014-01533
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ..................................... UPON REQUEST
`
`DUE DATE 1 ............................................................................ May 29, 2015
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ........................................................................ August 28, 2015
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 .................................................................. September 30, 2015
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ...................................................................... October 21, 2015
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 .................................................................... November 3, 2015
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 .................................................................. November 10, 2015
`Reply to opposition to motion to exclude
`
`DUE DATE 7 .................................................................. November 18, 2015
`Oral argument (if requested)
`
`7
`
`
`
`IPR2014-01527
`IPR2014-01528
`IPR2014-01530
`IPR2014-01533
`
`PETITIONER:
`
`
`Brenton R. Babcock
`Colin B. Heideman
`Kent N. Shum
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2BRB@knobbe.com
`2cbh@Knobbe.com
`2kns@knobbe.com
`BoxAmazon1@knobbe.com
`
`
`
`PATENT OWNER:
`
`
`Stephen T. Schreiner
`Phong Dinh
`GOODWIN PROCTER LLP
`SSchreiner@goodwinprocter.com
`PDinh@goodwinprocter.com
`
`
`Thomas J. Scott, Jr., Vice President & General Counsel
`PERSONALIZED MEDIA COMMUNICATIONS, LLC
`tscott@pmcip.com
`
`
`
`
`
`8
`
`
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