Trials@uspto.gov
`571.272.7822
`
`
`Paper: 10
`Entered: December 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`
`
`
`
`
`AXIS COMMUNICATIONS AB,
`Petitioner,
`
`v.
`
`ARECONT VISION, LLC,
`Patent Owner.
`
`____________
`
`Case PGR2017-00031
`Patent 9,438,782
`____________
`
`
`
`Before BRYAN F. MOORE, RAMA G. ELLURU, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`571.272.7822
`
`
`Paper: 10
`Entered: December 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`
`
`
`
`
`AXIS COMMUNICATIONS AB,
`Petitioner,
`
`v.
`
`ARECONT VISION, LLC,
`Patent Owner.
`
`____________
`
`Case PGR2017-00031
`Patent 9,438,782
`____________
`
`
`
`Before BRYAN F. MOORE, RAMA G. ELLURU, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`37 C.F.R. § 42.5
`
`
`
`PGR2017-00031
`Patent 9,438,782
`
`
`A. 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 filed promptly. The parties may not stipulate to an extension of DUE
`DATES 6 and 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 (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 this proceeding. 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.
`
`INITIAL CONFERENCE CALL
`1.
`The parties are directed to contact the Board within a month of the
`issuance of the decision instituting review if there is a need to discuss
`proposed changes to this Scheduling 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). Patent Owner is
`
`2
`
`
`
`PGR2017-00031
`Patent 9,438,782
`
`reminded that it must confer with the Board before filing a Motion to
`Amend. 37 C.F.R. § 42.221(a). Patent Owner should contact the Board to
`request such a conference, if necessary, at least two weeks before DUE
`DATE 1.
`
`DUE DATE 1
`2.
`Patent Owner may file—
`a.
`A response to the Petition (37 C.F.R. § 42.220), and
`b.
`A motion to amend the patent (37 C.F.R. § 42.221).
`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.
`
`DUE DATE 2
`3.
`Petitioner must file any reply to Patent Owner’s response and
`opposition to the motion to amend by DUE DATE 2.
`
`DUE DATE 3
`4.
`Patent Owner must file any reply to Petitioner’s opposition to Patent
`Owner’s motion to amend by DUE DATE 3.
`
`5.
`
`DUE DATE 4
`a.
`Each party must file any observation on the cross-
`examination testimony of a reply witness (see section C, below) by
`DUE DATE 4.
`
`3
`
`
`
`PGR2017-00031
`Patent 9,438,782
`
`
`Each party must file any motion to exclude evidence (37
`b.
`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.
`
`DUE DATE 6
`7.
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`DUE DATE 7
`8.
`The oral argument (if requested by either party) is set for DUE
`DATE 7. The panel is available to hear oral argument, if requested, at the
`USPTO main office in Alexandria, Virginia, or in the Texas Regional Office
`in Dallas, Texas. If the parties have a preference with regard to the above-
`identified locations, the parties are directed each to state the preference in
`the party’s request for oral argument, including whether the parties agree to
`a stated preference. The Board will set and identify the location in the order
`setting oral argument. Note that the Board may not always be able to honor
`the parties’ preference of hearing location due, for example, to the
`availability of hearing room resources.
`
`4
`
`
`
`PGR2017-00031
`Patent 9,438,782
`
`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.
`
`C. OBSERVATION ON CROSS-EXAMINATION
`An 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. DISCOVERY DISPUTES
`The panel encourages the parties to resolve disputes relating to
`discovery 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
`relating to discovery, the parties shall meet and confer to resolve such a
`dispute before contacting the Board. If attempts to 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.
`
`5
`
`
`
`PGR2017-00031
`Patent 9,438,782
`
`
`In any request for a conference call with the Board to resolve a
`discovery 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.
`
`
`6
`
`
`
`PGR2017-00031
`Patent 9,438,782
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ..................................................... Optional
`
`DUE DATE 1 ..................................................................... February 27, 2018
`Patent Owner’s response to the petition
`Patent Owner’s motion to amend the patent
`
`DUE DATE 2 ............................................................................ May 18, 2018
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ............................................................................ June 18, 2018
`Patent Owner’s reply to Petitioner’s opposition to motion to amend
`
`DUE DATE 4 ............................................................................... July 9, 2018
`Observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ............................................................................. July 23, 2018
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 ............................................................................. July 30, 2018
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ........................................................................ August 21, 2018
`Oral argument (if requested)
`
`
`
`
`
`
`7
`
`
`
`PGR2017-00031
`Patent 9,438,782
`
`PETITIONER:
`Michael Snyder
`msnyder@vklaw.com
`
`
`PATENT OWNER:
`
`Raymond Tabandeh
`rtabandeh@lrrc.com
`
`Michael Koplow
`mkoplow@lrrc.com
`
`
`8
`
`
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