`Tel: 571-272-7822
`
`
` Paper 13
` Entered: October 8, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`DELL INC.,
`Petitioner,
`
`v.
`
`DISPOSITION SERVICES, LLC,
`Patent Owner.
`____________
`
`CBM2013-00040
`Patent 5,424,944
`____________
`
`Before SALLY C. MEDLEY, KEVIN F. TURNER, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`
`
`
`
`CBM2013-00040
`Patent 5,424,944
`
`
`INTRODUCTION
`In the Scheduling Order dated February 5, 2014 (Paper 8), oral
`argument was set for November 4, 2014, provided that either party requests
`oral argument by Due Date 4. On March 26, 2014, the parties filed a Notice
`of Stipulated Amendment to Trial Schedule that reset Due Date 1 to July 21,
`2014, and reset Due Date 2 to October 21, 2014.1 Paper 11. All other Due
`Dates—i.e., Due Dates 3, 4, 5, and 6—remained unchanged. Id.
`Thus, the due date for requesting oral argument expired on September
`29, 2014, and neither party has requested oral argument. Likewise, the due
`date for filing motions to exclude and motions for observation also expired
`on September 29, 2014, and neither party filed either. Because no motions
`were filed, the deadlines for oppositions and replies—i.e., Due Dates 5 and
`6—no longer apply.
` Due Date 2, set for October 21, 2014, is the only remaining Due
`Date in this case.
`
`
`ORDER
`
`It is
`ORDERED that there will be no oral argument for this trial; and
`FURTHER ORDERED that Due Dates 5–6 in the Scheduling Order
`(Paper 8) are vacated.
`
`
`
`1 Although the parties were authorized to stipulate to different dates for DUE
`DATES 1 through 3, the parties were not authorized to set such times later
`than DUE DATE 4. See Paper 8, 2.
`
`2
`
`
`
`CBM2013-00040
`Patent 5,424,944
`
`For PETITIONER:
`
`Gilbert Greene
`Sheila Kadura
`bert.greene@nortonrosefulbright.com
`sheila.kadura@nortonrosefulbright.com
`
`
`For PATENT OWNER:
`
`Kenneth Florek
`Matthew Solow
`kflorek@feiplaw.com
`docket@feiplaw.com
`
`3
`
`