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Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`Paper No. 20
`Entered: September 18, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FACEBOOK, INC. and
`INSTAGRAM, LLC,
`Petitioner,
`
`v.
`
`TLI COMMUNICATIONS, LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-00778
`Patent 6,038,295
`_______________
`
`Before JAMESON LEE, BART A. GERSTENBLITH, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`

`
`IPR2015-00778
`Patent 6,038,295
`
`
`
`On September 18, 2015, an initial telephone conference was held.
`
`The participants were Judges Lee, Gerstenblith, and Kokoski, and respective
`
`counsel for the parties. Patent Owner raised no issue for discussion, and
`
`Petitioner had only one request, i.e., for the Board to reset Due Date 6 from
`
`March 14, 2016, to March 28, 2016, and Due Date 7 from March 17, 2016,
`
`to April 11, 2016. Patent Owner did not oppose Petitioner’s request.
`
`
`
`We granted Petitioner’s unopposed request, and offered guidance on
`
`several topics as summarized below.
`
`I.
`
`
`
`We advised the parties not to include in a Motion to Exclude any
`
`argument about a Reply, or evidence associated with a Reply, purportedly
`
`exceeding the scope of a proper reply. Instead, if such an issue arises, the
`
`parties shall initiate a joint conference call with the Board.
`
`II.
`
`
`
`We advised the parties to check their Motions for Observations on
`
`Cross Examination, if any, to make sure that they do not include arguments.
`
`The content of such “motion” should just be identification of the cross-
`
`examination testimony, identification of associated evidence or argument
`
`that should be considered with the identified cross examination testimony,
`
`and a concise statement, in a summary manner, of how the associated
`
`evidence relates to the cross examination testimony. Each item identified in
`
`this manner should be no more than one short paragraph.
`
`III.
`
`
`
`With regard to Motions to Seal, we directed the attention of the parties
`
`to Papers 37, 38, and 40 of IPR2014-00736.
`
`
`
`2
`
`
`
`
`
`

`
`IPR2015-00778
`Patent 6,038,295
`
`
`IV.
`
`
`
`We instructed Patent Owner to arrange for a conference call, in
`
`connection with any motion to amend claims under 37 C.F.R. § 42.121, no
`
`less than ten days prior to the due date of a motion to amend claims.
`
`It is
`
`ORDER
`
`ORDERED that Due Date 6 is reset to March 28, 2015; and
`
`FURTHER ORDERED that Due Date 7 is reset to April 11, 2015.
`
`
`
`
`
`
`
`3
`
`For PETITIONER:
`
`Heidi Keefe
`Andrew Mace
`Mark Weinstein
`hkeefe@cooley.com
`amace@cooley.com
`mweinstein@cooley.com
`
`
`
`For PATENT OWNER:
`
`Tarek Fahmi
`tarek.fahmi@ascendalaw.com

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