`571-272-7822
`
`
` Paper 22
`
`Date Entered: June 30, 2017
`
`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner
`v.
`
`BRADIUM TECHNOLOGIES, INC.
`Patent Owner.
`____________
`
`Case IPR2016-01897
`Patent 9,253,239 B2
`____________
`
`
`
`BRYAN F. MOORE, BRIAN J. McNAMARA, and MINN CHUNG,
`Administrative Patent Judges.
`
`
`McNAMARA, Administrative Patent Judge.
`
`
`
`ORDER
`AMENDING SCHEDULING ORDER
`Conduct Of The Proceeding (37 C.F.R. § 42.5)
`and
`AUTHORIZING MOTION FOR ADDITIONAL DISCOVERY
`37 C.F.R. § 42.54
`
`
`
`
`
`IPR2016-01897
`Patent 9,253,239 B2
`
`
` On June 29, 2017 the parties submitted by e-mail a joint request for a
`teleconference. Bradium Technologies, Inc. (“Patent Owner”) seeks to amend the
`Scheduling Order (Paper 18, entered on April 5, 2017) to extend Due Date 1 (the
`date for filing a Patent Owner Response) from July 7, 2017 to August 1, 2017 and
`Due Date 2 (the date for Microsoft, Inc. (“Petitioner”), to file a Petitioner Reply)
`from October 9, 2017 to November 3, 2017. Petitioner opposes Patent Owner’s
`proposed date extensions.
`At the same time, citing 37 C.F.R. § 42.54, Petitioner requests authorization
`to seek a Letter of Request to take a deposition of co-inventor Yonatan Lavi
`pursuant to the Hague convention. Patent Owner opposes authorization for
`Petitioner to file such a motion.
`In view of the circumstances, the parties’ request for a teleconference is
`denied and we grant Petitioner’s and Patent Owner’s requests.
`In consideration of the above it is
`ORDERED that Due Date 1 is moved to August 1, 2017 and Due Date 2 is
`moved to November 3, 2017; and
`FURTHER ORDERED that Petitioner is authorized to file a Motion for
`Additional Discovery under 37 C.F.R. 42.54 to seek a Letter of Request to take the
`deposition of co-inventor Lavi, such motion to be filed by July 14, 2017.
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`2
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`IPR2016-01897
`Patent 9,253,239 B2
`
`
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`PETITIONER:
`Chun Ng
`cng@perkinscoie.com
`
`Patrick McKeever
`pmckeever@perkinscoie.com
`
`Vinay Sathe
`vsathe@perkinscoie.com
`
`Matthew Bernstein
`mbernstein@perkinscoie.com
`
`Evan Day
`eday@perkinscoie.com
`
`PATENT OWNER:
`
`Chris Coulson
`ccoulson@kenyon.com
`
`Clifford Ulrich
`culrich@kenyon.com
`
`Michael Zachary
`mzachary@kenyon.com
`
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`3
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