Paper 8
`Trials@uspto.gov
`Entered: October 2, 2017
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`AUTOLOXER LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01271
`Patent 7,084,735 B2
`____________
`
`Before JUSTIN T. ARBES, BRIAN J. McNAMARA, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`
`Trials@uspto.gov
`Entered: October 2, 2017
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`AUTOLOXER LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01271
`Patent 7,084,735 B2
`____________
`
`Before JUSTIN T. ARBES, BRIAN J. McNAMARA, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`A. DUE DATES
`This Order sets due dates for the parties to take action after institution
`of the proceedings. 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.
`Regardless of whether the parties stipulate to a change of DUE DATE
`4, requests for oral argument must be filed no later than the date set forth in
`this Order for DUE DATE 4, for Board planning purposes.
`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 (see section B, below).
`The parties are reminded that the Testimony Guidelines appended to
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772
`(Aug. 14, 2012) (Appendix D), apply to these proceedings. 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.
`
`1. INITIAL CONFERENCE CALL
`The parties are directed to contact the Board within one month of the
`entry date for this Scheduling Order if there is a need to discuss proposed
`
`
`
`2
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`changes to this Order or proposed motions. See Office Patent Trial Practice
`Guide, 77 Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012) (guidance in
`preparing for the initial conference call).
`
`2. 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.
`
`3. 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.
`
`4. 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.
`
`5. DUE DATE 4
`a. Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see section C, below) by
`DUE DATE 4.
`
`
`
`3
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`
`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.
`
`6. 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.
`
`7. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`8. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`B. CROSS-EXAMINATION
`Except as the parties might otherwise agree, for each due date—
`1. Cross-examination begins after any supplemental evidence is due.
`37 C.F.R. § 42.53(d)(2).
`2. 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.
`
`
`
`
`4
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`C. 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. 48,756, 48,768 (Aug. 14, 2012). 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.
`
`D. MEET AND CONFER REQUIREMENT
`The parties are encouraged to engage in meaningful discussion before
`seeking authorization under 37 C.F.R. § 42.20(b) to file a motion for relief
`with the Board. At a minimum, before requesting authorization, the parties
`shall confer with each other in a good-faith effort to resolve the issue for
`which relief is to be sought. Only if the parties cannot resolve the issue on
`their own may a party request a conference call with the Board in order to
`seek authorization to move for relief.1 In any request for a conference call
`with the Board, the requesting party shall: (1) certify that it has in good-
`faith conferred (or attempted to confer) with the other parties in an effort to
`resolve the issue; (2) identify with specificity the issue for which agreement
`has not been reached; (3) state the precise relief to be sought; and
`
`
`1 Patent Owner may file a motion to amend without prior authorization, but
`only after conferring with the Board. 37 C.F.R. § 42.121(a).
`5
`
`
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`(4) propose specific dates and times at which both parties are available for
`the conference call.
`
`DUE DATE APPENDIX
`INITIAL CONFERENCE CALL ....................................... UPON REQUEST
`DUE DATE 1 ..................................................................... December 18, 2017
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent ............................................
`DUE DATE 2 ............................................................................. March 5, 2018
`
`Petitioner’s reply to patent owner response to petition ...........................
`
`Petitioner’s opposition to motion to amend ............................................
`DUE DATE 3 ............................................................................... April 3, 2018
`
`Patent owner’s reply to petitioner opposition to motion to amend
`DUE DATE 4 ............................................................................. April 17, 2018
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`
`Request for oral argument .......................................................................
`
`DUE DATE 5 ................................................................................ May 1, 2018
`
`Response to observation
`
`Opposition to motion to exclude
`DUE DATE 6 ................................................................................ May 8, 2018
`
`Reply to opposition to motion to exclude ...............................................
`DUE DATE 7 .............................................................................. May 23, 2018
`Oral argument (if requested)
`
`
`
`
`
`6
`
`
`
`IPR2017-01271
`Patent 7,084,735 B2
`
`PETITIONER:
`David Cavanaugh
`Michael Van Handel
`Wilmer Cutler Pickering Hale and Dorr LLP
`david.cavanaugh@wilmerhale.com
`michael.vanhandel@wilmerhale.com
`
`Jonathan Stroud
`Ashraf Fawzy
`Unified Patents Inc.
`jonathan@unifiedpatents.com
`afawzy@unifiedpatents.com
`
`
`PATENT OWNER:
`David Bennett
`DIRECTION IP LAW
`dbennett@directionip.com
`
`
`
`7
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
