`571-272-7822
`
`
`
` Paper 53
`
`Entered: September 30, 2013
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`
`
`
`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.
`____________
`
`Case CBM2012-00003
`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
`On September 27, 2013, a telephone conference call was held between
`
`respective counsel for the parties and Judges Lee, Chang, and Zecher.
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`Counsel for the Patent Owner inquired about the requirements for filing
`observations on cross examination of Petitioner’s reply declarant.
`The Board advised counsel for Patent Owner to not treat observations
`on cross-examination as a “motion,” but simply as an authorized submission
`with a page limit specially set by the Board in each case. The Board also
`noted that each observation should be no more than a few lines long and that
`generally three observations may fit on a single page. The Board confirmed
`that a copy of the pertinent portions of the cross-examination transcript
`should be provided, along with the observations, as an exhibit.
`It is
`ORDERED that observations on cross-examination and responses to
`observations are limited to 7 pages, but may be enlarged to 10 pages, if
`necessary, without need to seek further authorization from the Board.
`
`
`
`2
`
`
`
`Case CBM2012-00003
`Patent 8,140,358
`
`PETITIONER:
`
`J. Steven Baughman
`Nicole M. Jantzi
`Ropes & Gray
`Email: steven.baughman@ropesgray.com
`Email: nicole.jantzi@ropesgray.com
`
`PATENT OWNER:
`
`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