`571-272-7822
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` Paper No. 8
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`Entered: April 11, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`KALDREN, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-02195
`Patent 6,820,807 B1
`____________
`
`
`
`
`Before MICHAEL R. ZECHER, DAVID C. McKONE, and
`SCOTT E. BAIN, Administrative Patent Judges.
`
`BAIN, Administrative Patent Judge.
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`
`
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`SCHEDULING ORDER
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`IPR2017-02195
`Patent 6,820,807 B1
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`A. DUE DATES
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`This order sets due dates for the parties to take action after institution
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`of the proceeding. The parties may stipulate to different dates for DUE
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`DATES 1 through 5 (earlier or later, but no later than DUE DATE 6).1 A
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`notice of the stipulation, specifically identifying the changed due dates, must
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`be filed promptly. The parties may not stipulate to an extension of DUE
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`DATES 6 and 7.
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`In stipulating to different times, the parties should consider the effect
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`of the stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to
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`supplement evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-
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`examination (37 C.F.R. § 42.53(d)(2)), and to draft papers depending on the
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`evidence and cross-examination testimony (see section B, below).
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`The parties are reminded that the Testimony Guidelines appended to
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`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772
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`(Aug. 14, 2012) (Appendix D), apply to this proceeding. The Board may
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`impose an appropriate sanction for failure to adhere to the Testimony
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`Guidelines. 37 C.F.R. § 42.12. For example, reasonable expenses and
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`attorneys’ fees incurred by any party may be levied on a person who
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`impedes, delays, or frustrates the fair examination of a witness.
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`1. INITIAL CONFERENCE CALL
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`The parties are directed to contact the Board within ten business days
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`of the date of this Decision if there is a need to discuss proposed changes to
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`this Scheduling Order or proposed motions. See Office Patent Trial Practice
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`
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`1 The parties may not change DUE DATE 4 with respect to the requirement
`for requesting oral argument, without express authorization from the panel.
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`2
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`IPR2017-02195
`Patent 6,820,807 B1
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`Guide, 77 Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012) (setting forth
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`guidance in preparing for the initial conference call).
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`2. DUE DATE 1
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`The patent owner may file—
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`a.
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`b.
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`A response to the petition (37 C.F.R. § 42.120), and
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`A motion to amend the patent (37 C.F.R. § 42.121).
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`The patent owner must file any such response or motion to amend by DUE
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`DATE 1. If the patent owner elects not to file anything, the patent owner
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`must arrange a conference call with the parties and the Board. The patent
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`owner is cautioned that any arguments for patentability not raised in the
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`response will be deemed waived.
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`3. DUE DATE 2
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`The petitioner must file any reply to the patent owner’s response and
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`opposition to the motion to amend by DUE DATE 2.
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`4. DUE DATE 3
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`The patent owner must file any reply to the petitioner’s opposition to
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`patent owner’s motion to amend by DUE DATE 3.
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`5. DUE DATE 4
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`a.
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`Each party must file any observation on the cross-examination
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`testimony of a reply witness (see section C, below) by DUE DATE 4.
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`b.
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`Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
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`DUE DATE 4.
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`3
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`IPR2017-02195
`Patent 6,820,807 B1
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`6. DUE DATE 5
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`a.
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`Each party must file any response to any observations on cross-
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`examination testimony by DUE DATE 5.
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`b.
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`Each party must file any opposition to a motion to exclude
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`evidence by DUE DATE 5.
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`7. DUE DATE 6
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`Each party must file any reply to any opposition to a motion to
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`exclude evidence by DUE DATE 6.
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`8. DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE
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`DATE 7.
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`B. CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date—
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`1.
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`Cross-examination begins after any supplemental evidence is
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`due. 37 C.F.R. § 42.53(d)(2).
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`2.
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`Cross-examination ends no later than a week before the filing
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`date for any paper in which the cross-examination testimony is expected to
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`be used. Id.
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`C. OBSERVATIONS ON CROSS-EXAMINATION
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`Observations on cross-examination provide the parties with a
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`mechanism to draw the Board’s attention to relevant cross-examination
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`testimony of a reply witness because no further substantive paper is
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`permitted after the reply. See Office Patent Trial Practice Guide, 77 Fed.
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`Reg. 48,756, 48,768 (Aug. 14, 2012). No new evidence of any kind may be
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`4
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`IPR2017-02195
`Patent 6,820,807 B1
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`introduced with an observation, without prior authorization from the panel.
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`The observation must be a concise statement of the relevance of precisely
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`identified testimony to a precisely identified argument or portion of an
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`exhibit. Each observation should not exceed a single, short paragraph. The
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`opposing party may respond to the observation. Any response must be
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`equally concise and specific.
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`D. MOTION TO AMEND
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`Although the filing of a Motion to Amend is authorized under our
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`rules, Patent Owner must confer with us before filing any Motion to Amend.
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`37 C.F.R. § 42.121(a). Patent Owner should contact the Board to request
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`such a conference, if necessary, at least ten business days before DUE
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`DATE 1.
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`5
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`IPR2017-02195
`Patent 6,820,807 B1
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`DUE DATE APPENDIX
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`INITIAL CONFERENCE CALL ...................................................... Optional
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`DUE DATE 1 .............................................................................. July 12, 2018
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
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`DUE DATE 2 ....................................................................... October 12, 2018
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`Petitioner’s reply to patent owner’s response to petition
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`Petitioner’s opposition to motion to amend
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`DUE DATE 3 ................................................................... November 13, 2018
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`Patent owner’s reply to petitioner’s opposition to motion to amend
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`DUE DATE 4 ...................................................................... December 3, 2018
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`Observations regarding cross-examination of reply witness
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`Motions to exclude evidence
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`Requests for oral argument2
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`DUE DATE 5 .................................................................... December 17, 2018
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`Responses to observations
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`Oppositions to motions to exclude evidence
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`2 Although the parties may stipulate to a different date for DUE DATE 4
`regarding the “Observations regarding cross-examination of reply witness”
`and “Motions to exclude evidence,” the parties may not stipulate to a
`different date for the filing of “Requests for oral argument.”
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`6
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`IPR2017-02195
`Patent 6,820,807 B1
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`DUE DATE 6 .................................................................... December 24, 2018
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`Replies to oppositions to motions to exclude
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`DUE DATE 7 .......................................................................... January 8, 2019
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`Oral argument (if requested)
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`7
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`IPR2017-02195
`Patent 6,820,807 B1
`
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`For PETITIONER:
`
`Jason R. Mudd
`Eric A. Buresh
`ERISE IP, P.A.
`jason.mudd@eriseip.com
`eric.buresh@eriseip.com
`
`Ashraf A. Fawzy
`Roshan Mansinghani
`UNIFIED PATENTS INC.
`afawzy@unifiedpatents.com
`roshan@unifiedpatents.com
`
`For PATENT OWNER:
`
`Gary Sorden
`Kirby B. Drake
`KLEMCHUK LLP
`gary.sorden@klemchuk.com
`kirby.drake@klemchuk.com
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`8
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