`571-272-7822
`
`
`
`
`
` Paper 75
`Entered: March 26, 2014
`
`
`
`
`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 CBM2013-00009
`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
`
`
`
`
`
`
`
`
`
`
`Case CBM2013-00009
`Patent 8,140,358
`
`On March 25, 2014, a telephone conference call was held. The
`
`participants were respective counsel for the parties and Judges Lee, Chang,
`and Zecher. Patent Owner initiated the call, and arranged for the services of
`a court reporter. Counsel for Patent Owner agreed to file a copy of the
`transcript of the conference call.
`The Board rendered a final written decision on February 11, 2014.
`Paper 68. Patent Owner filed a Request for Rehearing on March 12, 2014.
`Paper 71. Petitioner filed a Request for Rehearing on March 13, 2014.
`Paper 73.
`Counsel for Patent Owner explained that it makes two requests, in the
`alternative: (1) authorization for filing a “Motion to Strike” Petitioner’s
`Request for Rehearing, because it cannot reasonably be deemed a Request
`for Rehearing; and (2) an opportunity to respond to Petitioner’s Request for
`Rehearing. Counsel for Petitioner indicated that if Patent Owner is granted
`an opportunity to respond to Petitioner’s Request for Rehearing, then
`Petitioner requests the opportunity to respond to Patent Owner’s Request for
`rehearing.
`The Board authorized both Petitioner and Patent Owner to respond to
`the opposing party’s Request for Rehearing.
`It is
`ORDERED that Patent Owner is authorized to file a response, limited
`to 3 pages, by March 28, 2014, to Petitioner’s Request for rehearing (Paper
`73); and
`
`2
`
`
`
`Case CBM2013-00009
`Patent 8,140,358
`
`FURTHER ORDERED that Petitioner is authorized to file a response,
`limited to 3 pages, by March 28, 2014, to Patent Owner’s Request for
`Rehearing (Paper 71).
`
`
`
`
`
`
`
`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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