`571.272.7822
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`Paper No. 20
`Entered: September 18, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`FACEBOOK, INC. and
`INSTAGRAM, LLC,
`Petitioner,
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`v.
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`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.
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`LEE, Administrative Patent Judge.
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`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
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`IPR2015-00778
`Patent 6,038,295
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`On September 18, 2015, an initial telephone conference was held.
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`The participants were Judges Lee, Gerstenblith, and Kokoski, and respective
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`counsel for the parties. Patent Owner raised no issue for discussion, and
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`Petitioner had only one request, i.e., for the Board to reset Due Date 6 from
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`March 14, 2016, to March 28, 2016, and Due Date 7 from March 17, 2016,
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`to April 11, 2016. Patent Owner did not oppose Petitioner’s request.
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`We granted Petitioner’s unopposed request, and offered guidance on
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`several topics as summarized below.
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`I.
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`We advised the parties not to include in a Motion to Exclude any
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`argument about a Reply, or evidence associated with a Reply, purportedly
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`exceeding the scope of a proper reply. Instead, if such an issue arises, the
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`parties shall initiate a joint conference call with the Board.
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`II.
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`We advised the parties to check their Motions for Observations on
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`Cross Examination, if any, to make sure that they do not include arguments.
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`The content of such “motion” should just be identification of the cross-
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`examination testimony, identification of associated evidence or argument
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`that should be considered with the identified cross examination testimony,
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`and a concise statement, in a summary manner, of how the associated
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`evidence relates to the cross examination testimony. Each item identified in
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`this manner should be no more than one short paragraph.
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`III.
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`With regard to Motions to Seal, we directed the attention of the parties
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`to Papers 37, 38, and 40 of IPR2014-00736.
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`2
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`IPR2015-00778
`Patent 6,038,295
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`IV.
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`We instructed Patent Owner to arrange for a conference call, in
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`connection with any motion to amend claims under 37 C.F.R. § 42.121, no
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`less than ten days prior to the due date of a motion to amend claims.
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`It is
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`ORDER
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`ORDERED that Due Date 6 is reset to March 28, 2015; and
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`FURTHER ORDERED that Due Date 7 is reset to April 11, 2015.
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`3
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`For PETITIONER:
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`Heidi Keefe
`Andrew Mace
`Mark Weinstein
`hkeefe@cooley.com
`amace@cooley.com
`mweinstein@cooley.com
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`For PATENT OWNER:
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`Tarek Fahmi
`tarek.fahmi@ascendalaw.com