Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`Paper 8
`Entered: November 6, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SAINT LAWRENCE COMMUNICATIONS LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-01077
`Patent 7,260,521 B1
`_______________
`
`
`
`Before ROBERT J. WEINSCHENK, SCOTT C. MOORE, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`571-272-7822
`
`
`
`
`
`
`
`Paper 8
`Entered: November 6, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`SAINT LAWRENCE COMMUNICATIONS LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-01077
`Patent 7,260,521 B1
`_______________
`
`
`
`Before ROBERT J. WEINSCHENK, SCOTT C. MOORE, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`
`Case IPR2017-01077
`Patent 7,260,521 B1
`
`
`
`This Order may differ from scheduling orders that counsel have
`
`received in other Board proceedings. All counsel are ordered to
`
`familiarize themselves with the provisions of this Order.
`
`A. GENERAL INSTRUCTIONS
`
`1. Initial Conference Call
`
`The parties are directed to contact the Board within fifteen business
`
`days of the date of this Order if there is a need to discuss proposed changes
`
`to this Scheduling Order (i.e., regarding DUE DATES 6 and 7) or any
`
`proposed motions, not authorized already by our Rules or by this Scheduling
`
`Order, which the parties anticipate filing during the trial. See Office Patent
`
`Trial Practice Guide, 77 Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012)
`
`(setting forth guidance in preparing for the initial conference call). To
`
`request a conference call, the requesting party should submit a list of dates
`
`and times when both parties are available for a call.
`
`2. Motion 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. See 37 C.F.R. § 42.121(a). Patent Owner shall
`
`arrange for a conference call with the panel and opposing counsel at least
`
`10 business days before DUE DATE 1 in order to satisfy the requirement for a
`
`conference.
`
`3. Disputes; Meet and Confer Requirement
`
`The panel encourages the parties to resolve disputes on their own and
`
`in accordance with the precepts set forth in 37 C.F.R. § 42.1(b). To the
`
`extent that a dispute arises between the parties, the parties shall meet and
`
`confer to resolve such dispute before contacting the Board. If attempts to
`
`
`
`2
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`
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`Case IPR2017-01077
`Patent 7,260,521 B1
`
`resolve the dispute fail, either 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
`
`dispute, the requesting party shall: (a) certify that it has conferred with the
`
`other party in an effort to resolve the dispute; (b) identify with specificity the
`
`issues for which agreement has not been reached; (c) identify the precise
`
`relief to be sought; and (d) propose specific dates and times at which both
`
`parties are available for the conference call.
`
`If a party files an unopposed motion (e.g., a pro hac vice motion), that
`
`party shall clearly indicate on the caption page that the motion is unopposed.
`
`Failure to comply with this requirement may delay the disposition of
`
`unopposed motions.
`
`4. Depositions
`
`The parties are advised that the Testimony Guidelines appended to the
`
`Office Patent Trial Practice Guide, 77 Fed. Reg. at 48,772, App. D, apply to
`
`this proceeding. The Board may impose an appropriate sanction or
`
`sanctions 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 who subsequently cite
`
`to portions of the transcript shall cite to the first-filed exhibit rather than
`
`submitting another copy of the same transcript.
`
`
`
`3
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`
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`Case IPR2017-01077
`Patent 7,260,521 B1
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`5. Cross-Examination
`
`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.
`
`6. Observations on Cross-Examination
`
`Observations on cross-examination provide 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. Each observation must be a concise statement of the
`
`relevance of precisely identified testimony to a precisely identified argument
`
`or portion of an exhibit. No observation should exceed a single, short
`
`paragraph. The opposing party may respond to the observation. Any
`
`response must be equally concise and specific.
`
`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. Stipulating to a different DUE DATE 4 does not modify
`
`the deadline set in this Order for requesting an oral argument. The parties
`
`may not stipulate to an extension of DUE DATES 6 and 7, and, if either
`
`party anticipates the need to alter DUE DATE 7, the parties must schedule a
`
`
`
`4
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`
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`Case IPR2017-01077
`Patent 7,260,521 B1
`
`conference call with the panel immediately upon identifying any conflict or
`
`potential conflict with DUE DATE 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.
`
`1. DUE DATE 1
`
`Patent Owner may file—
`
`a.
`
`b.
`
`A response to the Petition (37 C.F.R. § 42.120), and
`
`A motion to amend the patent (37 C.F.R. § 42.121).
`
`Patent Owner must file any such response or motion to amend by DUE
`
`DATE 1.
`
`
`
`If Patent Owner elects not to file anything, Patent Owner must arrange
`
`a conference call with the parties and the Board. Patent Owner is cautioned
`
`that any arguments for patentability not raised in the response will be
`
`deemed waived.
`
`2. DUE DATE 2
`
`Petitioner must file any reply to Patent Owner’s response and
`
`opposition to the motion to amend by DUE DATE 2.
`
`3. DUE DATE 31
`
`Patent Owner must file any reply to Petitioner’s opposition to Patent
`
`Owner’s motion to amend by DUE DATE 3.
`
`
`1 The parties are advised that if no Motion to Amend is filed in this proceeding,
`DUE DATE 3 is moot, and the panel may advance DUE DATES 4–7 sua
`sponte.
`
`
`
`5
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`
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`Case IPR2017-01077
`Patent 7,260,521 B1
`
`
`4. DUE DATE 4
`
`a.
`
`Each party must file any observations on the cross-examination
`
`testimony of a reply witness (see section A.6, above) 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.
`
`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.
`
`
`
`It is SO ORDERED.
`
`
`
`6
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`
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`Case IPR2017-01077
`Patent 7,260,521 B1
`
`
`APPENDIX OF DUE DATES AND DEADLINES
`
`INITIAL CONFERENCE CALL ...................................... UPON REQUEST
`
`DUE DATE 1 .......................................................................... January 8, 2018
`
`Patent Owner’s response to the Petition
`
`Patent Owner’s motion to amend the patent
`
`DUE DATE 2 .......................................................................... March 26, 2018
`
`Petitioner’s reply to Patent Owner’s response to the Petition
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ............................................................................ April 18, 2018
`
`Patent Owner’s reply to Petitioner’s opposition to motion to amend
`
`DUE DATE 4 ............................................................................. May 11, 2018
`
`Observations regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`DUE DATE 5 ............................................................................. May 23, 2018
`
`Response to observations
`
`Opposition to motion to exclude
`
`DUE DATE 6 ............................................................................. May 30, 2018
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ............................................................................. June 12, 2018
`
`Oral argument (if requested)
`
`
`
`7
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`
`
`Case IPR2017-01077
`Patent 7,260,521 B1
`
`
`
`For PETITIONER:
`
`Andrew S. Ehmke
`Andy.ehmke.ipr@haynesboone.com
`
`Scott T. Jarratt
`Scott.jarratt.ipr@haynesboone.com
`
`Aaron C. Taggart
`Aaron.taggart@haynesboone.com
`
`
`
`For PATENT OWNER:
`
`Gregory Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Masood Anjom
`manjom@azalaw.com
`
`
`
`
`8
`
`
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