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`Exhibit 7
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`
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`Case 1:14-cv-01498-JBS-KMW Document 28-11 Filed 07/11/14 Page 2 of 5 PageID: 287
`Trials@uspto.gov
`
`Paper 17
`571-272-7822
`
`Date: April 9, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOBOTIX CORP.
`Petitioner,
`
`v.
`
`e-WATCH, INC.
`Patent Owner.
`____________
`
`Case IPR2013-00499
`Patent 7,228,429
`____________
`
`Before JAMESON LEE, MICHAEL W. KIM, and MATTHEW R. CLEMENTS,
`Administrative Patent Judge.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`Case 1:14-cv-01498-JBS-KMW Document 28-11 Filed 07/11/14 Page 3 of 5 PageID: 288
`IPR2013-00499
`Patent 7,228,429
`
`
`
`
`
`Introduction
`On February 25, 2014, Patent Owner requested a six-month extension of
`
`time for Due Dates 1-7 of this proceeding, which request was denied. Paper 16.
`On April 7, 2014, Patent Owner initiated a telephone conference call, requesting a
`six-week extension of Due Date 1, which was coming due on April 10, 2014.
`Counsel for Patent Owner explained that because of funding problems, Patent
`Owner was not yet able to retain an expert witness to provide declaration testimony
`needed for a Patent Owner Response.
`Discussion
`As we explained in the Order dated February 28, 2014 (Paper 16), under
`
`35 U.S.C. § 316(a)(11), a final written decision must be issued no later than one
`year after the date the Director notices the institution of review, except that the
`Director may, for good cause shown, extend the one-year period by no more than
`six months. Not having sufficient resources generally does not constitute sufficient
`good cause to extend the one-year period specified in 35 U.S.C. § 316(a)(11).
`
`We have, however, reviewed the current trial schedule to see what
`adjustments can be made to accommodate Patent Owner’s request, and recognize
`the possibility of an 8-week extension without jeopardizing the one-year time
`period for rendering a final written decision. But it would be unfair to give Patent
`Owner alone the entirety of that time. An equitable division of that time would be
`4 weeks for Patent Owner and 4 weeks for Petitioner. Nevertheless, it is Patent
`Owner who needs the time, not Petitioner. We asked Petitioner to evaluate
`whether it can, without prejudicing its own presentation, permit Patent Owner the
`larger share of that 8-week period. A discussion ensued between Patent Owner
`and Petitioner.
`
`2
`
`
`
`
`
`
`Case 1:14-cv-01498-JBS-KMW Document 28-11 Filed 07/11/14 Page 4 of 5 PageID: 289
`IPR2013-00499
`Patent 7,228,429
`
`
`In exchange for commitments from Patent Owner, including (1) no
`
`additional extensions of time will be requested by Patent Owner for the Patent
`Owner Response, (2) Patent Owner will rely on only a single expert declaration for
`the Patent Owner Response, limited to no more than 41 pages in length, and (3)
`Patent Owner will provide prompt access to the expert for cross-examination
`purposes, Petitioner agreed to split the 8-week period by giving 6 weeks to Patent
`Owner. We commend the parties for exploring common ground and ways to
`accommodate each other’s needs. Petitioner was especially concerned about not
`having a reasonable opportunity to cross-examine Patent Owner’s declaration
`witness. In that regard, Patent Owner should note that not providing reasonable
`opportunity for cross-examination of its declaration witness can be sufficient
`grounds for non-consideration or exclusion of the declaration.
`Conclusion
`
`It is
`
`ORDERED that Due Dates 1-7 set in the Scheduling Order dated
`
`February 10, 2014 (Paper 14), are reset as follows:
`
`
`Due Date 1:
`
`May 22, 2014
`
`
`Due Date 2:
`
`August 5, 2014
`
`
`Due Date 3:
`
`September 5, 2014
`
`
`Due Date 4:
`
`September 26, 2014
`
`
`Due Date 5:
`
`October 10, 2014
`
`
`Due Date 6:
`
`October 17, 2014
`
`
`Due Date 7:
`
`October 23, 2014
`
`
`
`
`
`
`
`
`
`
`3
`
`
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`
`
`
`Case 1:14-cv-01498-JBS-KMW Document 28-11 Filed 07/11/14 Page 5 of 5 PageID: 290
`IPR2013-00499
`Patent 7,228,429
`
`For Petitioner:
`P. Weston Musselman, Jr.
`Adam Shartzer
`musselman@fr.com
`shartzer@fr.com
`
`For Patent Owner:
`Michael Smith
`pto@patent-counselors.com
`
`
`
`
`4
`
`
`
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