`571-272-7822
`
`
` Paper 29
`
`Entered: April 19, 2013
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LIBERTY MUTUAL INSURANCE CO.
`Petitioner
`
`v.
`
`PROGRESSIVE CASUALTY INSURANCE CO.
`Patent Owner
`____________
`
`Cases CBM2012-00003 (Patent 8,140,358)
`CBM2013-00009 (Patent 8,140,358)1
`____________
`
`
`
`Before JAMESON LEE, JONI Y. CHANG, and MICHAEL R. ZECHER,
`Administrative Patent Judges.
`
`
`CHANG, Administrative Patent Judge
`
`
`
`ORDER
`Synchronizing Trial Schedules
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`1 This decision addresses an issue that is identical in two cases. Therefore,
`we exercise discretion to issue one opinion to be filed in each of the two
`cases. The parties, however, are not authorized to use this style heading in
`any subsequent papers.
`
`
`
`CBM2012-00003 (Patent 8,140,358)
`CBM2013-00009 (Patent 8,140,358)
`
`
`
`On April 19, 2013, a telephone conference call was held between
`
`respective counsel for the parties and Judges Lee, Chang, and Zecher.
`
`The parties jointly requested the conference call to present a proposed
`
`schedule for both CBM2012-00003 and CBM2013-00009 trials.
`
`During the conference call, the parties informed the Board that the
`
`parties were able to reach an agreement for a coordinated schedule that
`
`would synchronize the timelines in both trials. Note that the trials involve
`
`the same parties, the same prior art references, and the same patent.
`
`Because the coordination of these two trials, such as conducting both
`
`hearings on the same day, would lead to better efficiency, the Board thereby
`
`granted the parties’ joint request for synchronizing the trial schedules. The
`
`Board will enter a revised Scheduling Order that set forth the mutually
`
`accepted due dates, for each of the above-identified trial.
`
`It is
`
`ORDERED that the parties’ joint request for synchronizing the
`
`schedules for CBM2012-00003 and CBM2013-00009 is granted; the Board
`
`will enter a revised Scheduling Order in CBM2012-00003 and CBM2013-
`
`2
`
`00009.
`
`
`
`
`
`3
`
`CBM2012-00003 (Patent 8,140,358)
`CBM2013-00009 (Patent 8,140,358)
`
`For PETITIONER:
`
`J. Steven Baughman
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`
`
`
`For PATENT OWNER
`
`John Biernacki
`Calvin Griffith
`James Wamsley
`jvbiernacki@jonesday.com
`cpgriffith@jonesday.com
`jlwamsley@jonesday.com
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