`Tel: 571-272-7822
`
`Paper: 40
`Entered: June 23, 2020
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMP PLUS, INC., dba ELCO LIGHTING,
`Petitioner,
`
`v.
`
`DMF, INC.,
`Patent Owner.
`____________
`
`IPR2019-01094
`Patent 9,964,266 B2
`____________
`
`
`Before CHRISTOPHER L. CRUMBLEY, JEFFREY W. ABRAHAM, and
`DEBRA L. DENNETT, Administrative Patent Judges.
`
`DENNETT, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2019-01094
`Patent 9,964,266 B2
`The Board received email correspondence from the parties concerning
`a dispute over re-scheduling the deposition of Patent Owner’s testifying
`expert witness, Mr. Benya, and adjustments to the Scheduling Order. The
`Board held a conference call with the parties on June 10, 2020 to discuss the
`issues.
`Patent Owner stated that for medical reasons Mr. Benya is unavailable
`for deposition on of June 15, 2020, a date set in our April 28, 2020 Order
`(Paper 36), entered following a prior scheduling dispute between the parties.
`Patent Owner assured us that Mr. Benya will be available for deposition on
`July 7, 2020, and proposed revising the remaining dates in the current
`Scheduling Order in accordance therewith. Petitioner agreed to the July 7
`date for Mr. Benya’s deposition and to moving Due Date 2 (Petitioner’s
`Reply) to July 21, 2020, but objected to re-scheduling other Due Dates. The
`parties conferred and provided each side’s proposed dates in an email on
`June 10, 2020. Ex. 3009.
`Upon consideration, the Board determines that accepting Patent
`Owner’s proposed dates is most appropriate in order to accommodate Mr.
`Benya’s availability while also ensuring that the parties have sufficient time
`to prepare the remaining filings in this proceeding.. Accordingly, we adopt
`the schedule in the attached DUE DATE APPENDIX which supercedes the
`DUE DATE APPENDIX attached to the Scheduling Order issued November
`22, 2019.
`
`ORDER
`
`It is
`ORDERED that the deposition of James Benya take place on or about
`July 7, 2020;
`
`2
`
`
`
`IPR2019-01094
`Patent 9,964,266 B2
`FURTHER ORDERED that the deposition of Eric Breitschneider, if
`requested by Patent Owner, take place on or about Aug. 4, 2020; and
`FURTHER ORDERED that the DUE DATE APPENDIX attached to
`this Order supersedes the DUE DATE APPENDIX attached to the
`Scheduling Order issued November 22, 2019.
`
`
`
`
`
`
`3
`
`
`
`IPR2019-01094
`Patent 9,964,266 B2
`
`DUE DATE APPENDIX
`
`DUE DATE 2 ............................................................................... July 7, 2020
`Petitioner’s reply to Patent Owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ........................................................................ August 18, 2020
`Patent Owner’s sur-reply to reply
`
`DUE DATE 4 ........................................................................ August 19, 2020
`Request for oral argument
`
`DUE DATE 5 ........................................................................ August 20, 2020
`Motion to exclude evidence
`
`DUE DATE 6 ........................................................................ August 27, 2020
`Opposition to motion to exclude
`Request for prehearing conference
`
`DUE DATE 7 .................................................................... September 3, 2020
`Reply to opposition to motion to exclude
`
`DUE DATE 8 .................................................................. September 10, 2020
`Oral argument (if requested)
`
`
`4
`
`
`
`IPR2019-01094
`Patent 9,964,266 B2
`PETITIONER:
`
`Robert E. Boone
`Daniel A. Crowe
`Erin A. Kelly
`BRYAN CAVE LEIGHTON PAISNER LLP
`reboone@blcplaw.com
`dan.crowe@bclplaw.com
`erin.kelly@bclplaw.com
`
`
`PATENT OWNER:
`David W. Long
`ERGONIC, LLC
`longdw@ergonic.com
`
`Kevin B. Laurence
`LAURENCE & PHILLIPS IP LAW
`klaurence@lpiplaw.com
`
`Ben M. Davidson
`DAVIDSON LAW GROUP, ALC
`ben@dlgla.com
`
`5
`
`
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