`571-272-7822
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` Paper No. 45
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` Entered: September 6, 2013
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`LIBERTY MUTUAL INSURANCE COMPANY
`Petitioner,
`
`v.
`
`PROGRESSIVE CASUALTY INSURANCE COMPANY
`Patent Owner,
`
`
`Case CBM2012-00003 (JL)
`Patent 8,140,358
`
`
`Before JAMESON LEE, JONI Y. CHANG, and MICHAEL R. ZECHER,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`A telephone conference call was held on September 4th, 2013, between
`
`Judges Lee, Chang, and Zecher, and respective counsel for the parties. The subject
`matter of the call was the timing of the cross examination of Petitioner’s reply
`declarants by the Patent Owner. Petitioner has offered the declarants for cross-
`examination on September 6th and 10th, but lead counsel for Patent Owner is
`unavailable during that time. Also, because of other matters in litigation, lead
`
`
`
`Case CBM2012-00003
`Patent No. 8,140,358
`
`counsel for Patent Owner will be unavailable to conduct the cross-examination
`until September 23rd, 2013. Patent Owner has proposed to postpone oral hearing in
`this case by more than three weeks, from October 8th, 2013, to October 30th, and
`beyond.
`
`Even if cross-examination of reply declarants is not conducted until
`September 23rd, when Patent Owner’s lead counsel is available, the circumstance
`does not justify postponement of oral hearing by more than three weeks. We note,
`however, that counsel for Patent Owner has indicated that one backup counsel is
`available to conduct the cross examination on September 6th or 10th, or sometime
`during the week of September 16th when the witnesses may be available. Counsel
`for Petitioner has indicated that Petitioner can submit its response to observations
`on cross-examination within four days of the filing of the observations.
`
`It is
`ORDERED that Due Date 7, the date of oral hearing in this trial, is herein
`
`reset to October 15th, 2013; and
`FURTHER ORDERED that the parties may stipulate to different Due
`
`Dates 4-6 so long as none is later than Due Date 7, to accommodate the scheduling
`requirements on both sides, and that such stipulation shall be filed prior to any Due
`Date that is changed by the stipulation.
`
`-2-
`
`
`
`
`
`Case CBM2012-00003
`Patent No. 8,140,358
`
`By Electronic Transmission
`
`Attorney for Petitioner Liberty Mutual Ins. Co.:
`
`J. Steven Baughman, Esq.
`Nicole M. Jantzi, Esq.
`Ropes & Gray LLP
`steven.baughman@ropesgray.com
`nicole.jantzi@ropesgray.com
`
`
`
`Attorneys for Patent Owner Progressive Casualty Ins. Co.:
`
`Calvin P. Griffith
`James L. Wamsley, III
`John V. Biernacki
`Jones Day
`Email: cpgriffith@jonesday.com
`Email: jlwamsleyiii@jonesday.com
`Email: jvbiernacki@jonesday.com
`
`
`-3-
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