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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`LIBERTY MUTUAL INSURANCE CO.
`Petitioner
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`v.
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`PROGRESSIVE CASUALTY INSURANCE CO.
`Patent Owner
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`____________________
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`Case No. CBM2013-00009 (JL)
`Patent Nos. 8,140,358
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`____________________
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`PATENT OWNER’S LIST OF PROPOSED MOTIONS
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`PII-1265447
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`Case No. CBM2013-00009
`Patent 8,140,358
`Attorney Docket No.: 185378-610013
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`
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`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P. O. Box 1450
`Alexandria, VA 22313-1450
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`In view of the initial conference to be held on April 10, 2013, Progressive
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`Casualty Insurance Co. (“Patent Owner”) hereby files and serves the following list
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`of proposed motions:
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`I. CONTINGENT MOTION UNDER 37 C.F.R. § 42.221 TO AMEND
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`Patent Owner may move to amend one or more of the involved claims of the
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`‘358 patent. Any such claim amendments will be made to respond to one or more
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`of the grounds of unpatentability involved in the trial and will not enlarge the
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`scope of the claims of the ‘358 patent (37 C.F.R. § 42.221(a)(2)(i)) or introduce
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`new matter (37 C.F.R. § 42.221(a)(2)(ii)).
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`II. MOTION TO AMEND SCHEDULING ORDER
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`The Board’s rule, 37 C.F.R. § 42.220(b), and the Office Trial Practice Guide,
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`77 Fed. Reg. 48757, provide a default due date for the Patent Owner Response of
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`three months from institution of review. However, the Scheduling Order entered
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`on March 28, 2013, sets a much shorter schedule. Further, under the March 28,
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`2013, Scheduling Order, the time period for the Patent Owner Response from the
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`institution of review (49 days) is significantly shorter than the time period for
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`PII-1265447
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`Petitioner’s Reply from the Patent Owner Response (76 days). Accordingly,
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`Case No. CBM2013-00009
`Patent 8,140,358
`Attorney Docket No.: 185378-610013
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`Patent Owner intends to seek an adjustment of all dates in the March 28, 2013,
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`Scheduling Order by motion, requesting that the Due Dates be adjusted to
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`correspond to those listed in the attached Due Date Appendix, which was set to
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`match the deadlines in the model timeline found in the Office Trial Practice Guide.
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`
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`Date: April 8, 2013
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`By:
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`/s/ James L. Wamsley
`Calvin P. Griffith
`James L. Wamsley
`John V. Biernacki
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114-1190
`(216) 586-3939
`Attorneys For Patent Owner
`Progressive Casualty Insurance Co.
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`PII-1265447
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`DUE DATE APPENDIX FOR CBM2013-00009
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`DUE DATE 1
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
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`DUE DATE 2
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`Petitioner’s reply to patent owner response to petition
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`Petitioner’s opposition to motion to amend
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`June 26, 2013
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`September 25, 2013
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`DUE DATE 3
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`October 23, 2013
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4
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`November 13, 2013
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`Petitioner’s motion for observation regarding cross-examination of reply witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5
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`Patent owner’s response to observation
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`Opposition to motion to exclude
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`DUE DATE 6
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`Reply to opposition to motion to exclude
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`DUE DATE 7
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`Oral argument (if requested)
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`PII-1265447
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`November 27, 2013
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`December 4, 2013
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`December 18, 2013
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`Case No. CBM2013-00009
`Patent 8,140,358
`Attorney Docket No.: 185378-610013
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 8th day of April, 2013, a true and correct copy of
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`the foregoing PATENT OWNER’S LIST OF PROPOSED MOTIONS was served,
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`in accordance with the parties’ electronic service agreement, by electronic mail
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`upon the following counsel for Petitioner Liberty Mutual Insurance Co.
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`Steven.baughman@ropesgray.com
`Nicole.jantzi@ropesgray.com
`James.Myers@ropesgray.com
`LibertyMutualPTABService@ropesgray.com
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`/s/ James L. Wamsley
`James L. Wamsley
`Registration No. 31,578
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114-1190
`Attorney for Patent Owner
`Progressive Casualty Insurance Co.
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`PII-1265447
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