`571-272-7822
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`
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` Paper 61
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`Entered: February 20, 2014
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`
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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 CBM2012-00004
`Patent 6,064,970
`____________
`
`
`
`
`
`Before JAMESON LEE, JONI Y. CHANG, and
`MICHAEL R. ZECHER, Administrative Patent Judges.
`
`
`LEE, Administrative Patent Judge
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`
`
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`Case CBM2012-00004
`Patent 6,064,970
`
`
`
`On February 19, 2014, a telephone conference call was held. The
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`participants were respective counsel for the parties and Judges Lee, Chang,
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`and Zecher. Patent Owner (“Progressive”) initiated the call, and arranged
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`for the services of a court reporter. Counsel for Progressive agreed to file a
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`copy of the transcript of the conference call as an exhibit.
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`Counsel for Progressive explained that it would like information from
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`the Board on the precise time of day the final written decisions in this
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`proceeding and in related CBM2012-00002 were uploaded into the Board’s
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`electronic Patent Review Processing System (“PRPS”), to confirm or verify
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`Progressive’s view on which final written decision was uploaded first.
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`The Board explained that the final written decisions in this proceeding
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`and in CBM2012-00002 cross-referenced each other in a respective
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`statement indicating that they were being entered concurrently. See
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`CBM2012-00002, Paper 66, 3:5-6; CBM2012-00004, Paper 60, 3:5-6. The
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`Board further explained that from the Board’s perspective, the two final
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`written decisions were entered at the same time, regardless of the actual time
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`of day each paper was uploaded by the Board’s administrative staff into
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`PRPS.
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`The Board also indicated that it cannot be of help in providing further
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`information in that regard.
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`It is
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`ORDERED that if either party contacts any member of the Board’s
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`personnel in connection with ascertaining the specific time of entry of the
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`2
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`
`
`Case CBM2012-00004
`Patent 6,064,970
`
`final decision in this case, the contact should not be made in an ex parte
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`communication.
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`
`
`
`
`
`PETITIONER:
`
`J. Steven Baughman
`James R. Myers
`Nicole M. Jantzi
`Ropes & Gray
`Email: steven.baughman@ropesgray.com
`Email: james.myers@ropesgray.com
`Email: nicole.jantzi@ropesgray.com
`
`PATENT OWNER:
`
`John V. Biernacki
`Calvin P. Griffith
`James L. Wamsley, III
`Jones Day
`Email: jvbiernacki@jonesday.com
`Email: cpgriffith@jonesday.com
`Email: jlwamsleyiii@jonesday.com
`
`
`3
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`