throbber
Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 10
`Entered: June 29, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EDWARDS LIFESCIENCES CORPORATION,
`Petitioner,
`
`v.
`
`BOSTON SCIENTIFIC SCIMED, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00444
`Patent 6,915,560 B2
`____________
`
`
`Before NEIL T. POWELL, JAMES A. TARTAL, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`CASE MANAGEMENT
`AND SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`
`
`
`

`

`IPR2017-00444
`Patent 6,915,560 B2
`
`A. GENERAL INSTRUCTIONS
`Requests for an Initial Conference Call
`1.
`An initial conference call is not scheduled in this case. A party may
`request an initial conference call within twenty-five (25) days after the
`institution of trial. A party requesting an initial conference call shall:
`(a) identify the proposed motions, if any, to be discussed during the call; and
`(b) propose two or more dates and times when both parties are available for
`the call. When an initial conference call is scheduled in response to a
`request, 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 the initial conference call and should be prepared to discuss any
`proposed changes to the schedule in this proceeding.
`
`Protective Order
`2.
`A protective order will not be entered in this proceeding unless the
`parties file one and the Board approves it. If a protective order is necessary,
`the parties are encouraged to adopt the Board’s Default Protective Order
`appended to the Office Patent Trial Practice Guide, 77 Fed. Reg. at 48,771
`(Appendix B). If the parties choose to propose a protective order deviating
`from the default protective order, they must submit the proposed protective
`order along with a marked-up comparison of the proposed and default
`protective orders showing the differences. If either party files a motion to
`seal before entry of a protective order, a proposed protective order should be
`presented as an exhibit to the motion that has been discussed with the
`opposing party and, preferably, be jointly proposed. If the protective order
`is not jointly proposed, the proponent of the order should identify where the
`parties differ in the proposed language of the order.
`
`2
`
`

`

`IPR2017-00444
`Patent 6,915,560 B2
`
`The Board has a strong interest in promoting public accessibility to
`the proceedings. If a party seeks to redact information from documents filed
`in this proceeding in accordance with a protective order, the redactions must
`be limited to isolated passages consisting entirely of confidential
`information, and the thrust of the underlying argument or evidence must
`remain clearly discernible.
`Information subject to a protective order will nevertheless become
`public if identified in a final written decision in this proceeding. A motion
`to expunge information subject to a protective order will not prevail
`necessarily over the public interest in maintaining a complete and
`understandable file history. See Office Patent Trial Practice Guide,
`77 Fed. Reg. at 48,761.
`
`Depositions
`3.
`The parties are advised that the Testimony Guidelines appended to the
`Office Patent Trial Practice Guide, 77 Fed. Reg. at 48,772 (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.
`Whenever a party submits a deposition transcript as an exhibit in this
`proceeding, the submitting party shall file the full transcript of the deposition
`rather than excerpts of only those portions being cited. After a deposition
`transcript has been submitted as an exhibit, all parties shall cite to the filed
`exhibit rather than submitting another copy of the same transcript.
`
`3
`
`

`

`IPR2017-00444
`Patent 6,915,560 B2
`Discovery Disputes
`4.
`Parties are encouraged to resolve disputes relating to discovery on
`their own and in accordance with the precepts of securing a just, speedy, and
`inexpensive resolution, as set forth in 37 C.F.R. § 42.1(b). To the extent that
`a dispute arises between the parties relating to discovery, the parties shall
`meet and confer to resolve such a dispute before contacting the Board. If
`attempts to resolve the dispute fail, a party may request a conference call
`with the Board and the other party in order to seek authorization to move for
`relief.
`In any request for a conference call with the Board to resolve a
`discovery dispute, the requesting party shall: (a) confirm that it has
`conferred in good faith with the other party in an effort to resolve the
`dispute; (b) identify with specificity the issues for which agreement has not
`been reached, but refrain from arguing the merits of the request; (c) identify
`the precise relief to be sought; and (d) propose two or more dates and times
`when both parties are available for the call.
`
`5. Motions to Amend
`Patent Owner may file a motion to amend without prior authorization
`from the Board. Nevertheless, Patent Owner must confer with the Board
`before filing such a motion. 37 C.F.R. § 42.121(a). The parties are directed
`to the Board’s website for representative decisions relating to Motions to
`Amend, among other topics, available at:
`http://www.uspto.gov/ip/boards/bpai/representative_orders_and_opinions.jsp.
`
`
`
`4
`
`

`

`IPR2017-00444
`Patent 6,915,560 B2
`Cross-Examination
`6.
`Except as the parties might otherwise agree, for each due date—
`a.
`Cross-examination begins after any supplemental
`evidence is due. 37 C.F.R. § 42.53(d)(2).
`b.
`Cross-examination ends no later than a week before the
`filing date for any paper in which the cross-examination testimony is
`expected to be used. Id.
`
`7. 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. at 48,768. 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.
`
`8. Motion for Pro Hac Vice Admission
`The Board may recognize counsel pro hac vice during a proceeding
`upon a showing of good cause. 37 C.F.R. § 42.10(c). The parties are
`authorized in the Notice of Filing Date Accorded to Petition to file motions
`for pro hac vice admission. A pro hac vice motion may be filed no sooner
`than twenty-one (21) days after service of the petition, and any opposition
`must be filed no later than one week after the filing of the underlying
`motion. No reply to any opposition shall be filed unless further authorized.
`
`5
`
`

`

`IPR2017-00444
`Patent 6,915,560 B2
`
`B. 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 dates, 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 A.6, above).
`1. 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.
`2. 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.
`
`6
`
`

`

`IPR2017-00444
`Patent 6,915,560 B2
`
`3. 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.
`4. DUE DATE 4
`a.
`Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see Section A.7, above) by
`DUE DATE 4.
`Each party must file any motion to exclude evidence (37
`b.
`C.F.R § 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a))
`by DUE DATE 4.
`5. 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.
`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`7. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`7
`
`

`

`IPR2017-00444
`Patent 6,915,560 B2
`
`DUE DATE APPENDIX
`
`DUE DATE 1 .................................................................. September 22, 2017
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ................................................................... December 15, 2017
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ....................................................................... January 19, 2018
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ....................................................................... February 9, 2018
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ..................................................................... February 23, 2018
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 ........................................................................... March 2, 2018
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ......................................................................... March 15, 2018
`Oral argument (if requested)
`
`
`
`
`
`
`8
`
`

`

`IPR2017-00444
`Patent 6,915,560 B2
`
`PETITIONER:
`
`Craig S. Summers
`2css@knobbe.com
`Brenton R. Babcock
`2brb@knobbe.com
`Christy G. Lea
`2cgl@knobbe.com
`Cheryl T. Burgess
`2ctb@knobbe.com
`
`
`PATENT OWNER:
`
`Wallace Wu
`Wallace.Wu@aporter.com
`Jennifer A. Sklenar
`Jennifer.Sklenar@aporter.com
`Nicholas Nyemah
`Nicholas.nyemah.aporter.com
`
`
`
`
`
`
`
`
`
`
`
`9
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket