throbber
Trials@uspto.gov
`571.272.7822
`
` Paper No. 12
`
`
` Entered: November 18, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PRECISION PLANTING, LLC and AGCO CORP.,
`Petitioner,
`
`v.
`
`DEERE & COMPANY,
`Patent Owner.
`____________
`
`Case IPR2019-01044 (Patent 8,813,663)
`Case IPR2019-01046 (Patent 9,480,199)
`Case IPR2019-01047 (Patent 9,510,502)
`Case IPR2019-01048 (Patent 9,686,906)
`Case IPR2019-01050 (Patent 9,807,922)
`Case IPR2019-01051 (Patent 9,807,924)
`Case IPR2019-01052 (Patent 9,820,429)
`Case IPR2019-01053 (Patent 9,861,031)
`Case IPR2019-01054 (Patent 10,004,173)
`Case IPR2019-01055 (Patent 9,699,955)1
`____________
`
`Before MICHAEL W. KIM, BARRY L. GROSSMAN, JAMES A.
`TARTAL, and TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`1 We exercise our discretion to issue one order to be filed in each
`proceeding. The parties may use this style heading only if the paper includes
`a statement certifying that the identical paper is being filed in each
`proceeding listed in the caption.
`
`
`
`

`

`IPR2019-01044 (Patent 8,813,663); IPR2019-01046 (Patent 9,480,199)
`IPR2019-01047 (Patent 9,510,502); IPR2019-01048 (Patent 9,686,906)
`IPR2019-01050 (Patent 9,807,922); IPR2019-01051 (Patent 9,807,924)
`IPR2019-01052 (Patent 9,820,429); IPR2019-01053 (Patent 9,861,031)
`IPR2019-01054 (Patent 10,004,173); IPR2019-01055 (Patent 9,699,955)
`
`In the above-captioned cases, the records include certain documents
`reflecting Petitioner’s invalidity contentions in Deere & Company v. AGCO
`Corporation, Civil Action No. 1:18-cv-00827-CFC in the U.S. District
`Court for the District of Delaware (referred to herein as the “Delaware
`Case”). See, e.g., IPR2019-01044, Ex. 2006 (Petitioner’s invalidity
`contentions in the Delaware Case dated July 12, 2019); Ex. 2014
`(Petitioner’s notice of reduction of asserted prior art references in the
`Delaware Case dated August 23, 2019). However, it appears that these
`documents may have been updated in the time since they were filed. See,
`e.g., IPR2019-01044, Ex. 2014, 3 (advising that Petitioner “intends to serve
`its amended invalidity contentions no later than September 25, 2019”). The
`content of the current version of these contentions and lists of asserted
`references may be relevant to the Board’s analysis of an issue to be
`addressed in the decisions on institution, which are due shortly.
`Consequently, it is:
`ORDERED that Petitioner shall file as an exhibit in each of the above
`captioned proceedings the current version of its invalidity contentions and
`list of asserted references in the Delaware Case by Wednesday,
`November 20, 2019.
`
`
`
`
`
`
`
`
`
`
`2
`
`

`

`IPR2019-01044 (Patent 8,813,663); IPR2019-01046 (Patent 9,480,199)
`IPR2019-01047 (Patent 9,510,502); IPR2019-01048 (Patent 9,686,906)
`IPR2019-01050 (Patent 9,807,922); IPR2019-01051 (Patent 9,807,924)
`IPR2019-01052 (Patent 9,820,429); IPR2019-01053 (Patent 9,861,031)
`IPR2019-01054 (Patent 10,004,173); IPR2019-01055 (Patent 9,699,955)
`
`
`
`PETITIONER:
`Grant K. Rowan
`Mary V. Scooter
`Natalie Pous
`R. Gregory Israelsen
`WILMER, CUTLER, PICKERING, HALE AND DORR, LLP
`grant.rowan@wilmerhale.com
`mindy.sooter@wilmerhale.com
`natalie.pous@wilmerhale.com
`greg.israelsen@wilmerhale.com
`
`
`PATENT OWNER:
`Jay I. Alexander
`Peter P. Chen
`Rajesh D. Paul
`Nicholas L. Evoy
`COVINGTON & BURLING LLP
`jalexander@cov.com
`pchen@cov.com
`rpaul@cov.com
`nevoy@cov.com
`
`3
`
`

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