`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS TRAVEL
`COMPANY, INC., EXPEDIA, INC., HOTELS.COM LP, HOTELS.COM
`GP, LLC, HOTWIRE, INC., ORBITZ WORLDWIDE, INC.,
`PRICELINE.COM, INC., TRAVELOCITY.COM LP, and YAHOO! INC.
`Petitioner
`v.
`
`METASEARCH SYSTEMS, LLC.
`Patent Owner
`
`______________
`
`Case No. CBM2014-00001
`Patent Number 8,326,924 B1
`
`______________
`
`Before the Honorable HOWARD B. BLANKENSHIP, KARL D. EASTHOM, and
`BARBARA A. BENOIT, Administrative Patent Judges.
`
`STIPULATION ON DISCOVERY OF COMMUNICATIONS
`In light of the nearing deadline for deposing the parties’ respective experts, and
`
`in an effort to resolve certain discovery issues before those depositions are held, it is
`
`hereby stipulated and agreed by and between Patent Owner Metasearch Systems, LLC
`
`and Petitioner American Express Company, American Express Travel Company, Inc.,
`
`Expedia, Inc., Hotels.com LP, Hotels.com GP, LLC, Hotwire, Inc., Orbitz
`
`Worldwide, Inc., Priceline.com, Inc., Travelocity.com LP, and Yahoo! Inc. that all
`
`
`
`Case No. CBM2014-00001
`STIPULATION ON DISCOVERY OF COMMUNICATIONS
`
`
`
`drafts of the expert declarations filed in these proceedings and all communications
`
`between a party’s attorney and any person retained as an expert by the party shall be
`
`protected from and not subject to discovery in the captioned proceedings or in any
`
`civil action or related proceeding, except that the parties may inquire as to (i)
`
`compensation for the expert’s study or testimony; (ii) facts or data that the party’s
`
`attorney provided and that the expert considered in forming the opinions expressed;
`
`or (iii) assumptions that the party’s attorney provided and that the expert relied on in
`
`forming the opinions expressed.
`
`
`
`Dated: June 27, 2014
`
`
`
` Agreed to by,
`
`
`
`KLARQUIST SPARKMAN, LLP
`
`By /John D. Vandenberg/
`John D. Vandenberg, Lead Counsel
`Registration No. 31,312
`Kristen L. Reichenbach, Backup Counsel
`Registration No. 61,162
`Klarquist Sparkman, LLP
`One World Trade Center
`Suite 1600
`121 S.W. Salmon Street
`Portland, OR 97204
`tel. 503-595-5300
`fax 503-595-5301
`Attorneys/Agents For Petitioner
`
`
`
`
`
`2
`
`
`
`Case No. CBM2014-00001
`STIPULATION ON DISCOVERY OF COMMUNICATIONS
`
`
`
`Dated: June 27, 2014
`
`
`
`
`
`
`
`ROBINS, KAPLAN, MILLER & CIRESI LLP
`
`By / Cyrus A. Morton /
`Cyrus A. Morton, Lead Counsel
`Registration No. 44,954
`Ryan M. Schultz, Backup Counsel
`Registration No. 65,134
`Robins, Kaplan, Miller & Ciresi LLP
`2800 LaSalle Plaza
`800 LaSalle Ave
`Minneapolis, MN 55402-2015
`612-349-8722
`612-349-8500
`Attorneys/Agents For Patent Owner
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 27, 2014, a copy of this STIPULATION ON
`
`DISCOVERY OF COMMUNICATIONS has been served in its entirety by e-mail
`
`on the Petitioners:
`
`john.vandenberg@klarquist.com
`kristen.reichenbach@klarquist.com
`chris.carraway@klarquist.com
`hallie.zmroczek@klarquist.com
`
`Dated: June 27, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`
` /Cyrus A. Morton/
`Cyrus A. Morton
`Registration No. 44,954
`Robins, Kaplan, Miller & Ciresi L.L.P.
`800 LaSalle Avenue
`2800 LaSalle Plaza
`Minneapolis, MN 55402-2015
`
`Attorney for Patent Owner
`
`
`
`
`
`
`
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