`571-272-7822
`
`Paper 20
`Entered: March 26, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`AGILYSYS, INC. ET AL.
`Petitioner
`
`v.
`
`AMERANTH, INC.
`Patent Owner
`_______________
`
`Case CBM2014-00016
`Patent 6,871,325 B1
`_______________
`
`
`Before JAMESON LEE, MEREDITH C. PETRAVICK, and STACEY G. WHITE,
`Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`SCHEDULING ORDER
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`
`
`CBM2014-00016
`Patent 6,871,325 B1
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`A. DUE DATES
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`This order sets due dates for the parties1 to take action after institution of the
`
`proceeding. The parties may stipulate to different dates for DUE DATES 1 through
`3 (earlier or later, but no later than DUE DATE 4). A notice of the stipulation,
`specifically identifying the changed due dates, must be promptly filed. The parties
`may not stipulate to an extension of DUE DATES 4-7.
`
`In stipulating to different times, the parties should consider the effect of the
`stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to supplement
`evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-examination (37 C.F.R. §
`42.53(d)(2)), and to draft papers depending on the evidence and cross-examination
`testimony (see section B, below).
`
`The parties are reminded that the Testimony Guidelines appended to the
`Office Trial Practice Guide, 77 Fed.Reg. 48,756, 48,772 (Aug. 14, 2012)
`(Appendix D), apply to this proceeding. The Board may impose an appropriate
`sanction for failure to adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For
`example, reasonable expenses and attorneys’ fees incurred by any party may be
`levied on a person who impedes, delays, or frustrates the fair examination of a
`witness.
`
`
`1 Petitioner include Agilysys, Inc., Expedia, Inc., Fandango, LLC, Hotel Tonight,
`Inc., Hotwire, Inc., Hotels.com, L.P., Kayak Software Crop., Live Nation
`Entertainment, Inc., Micros Systems, Inc., Orbitz, LLC, Opentable, Inc., Papa
`John’s USA, Inc., Stubhub, Inc., Ticketmaster, LLC., Travelocity.com LP,
`Wanderspot LLC, Pizza Hut, Inc., Pizza Hut of America, Inc., Domino’s Pizza,
`Inc., Domino’s Pizza, LLC, Grubhub, Inc., Seamless North America, LLC,
`Order.in, Inc., Mobo Systems, Inc., Starbucks Corporaton, Eventbrite, Inc., Best
`Western International, Inc., Hilton Resorts Corp., Hilton Worldwide, Inc., Hilton
`International Co., Hyatt Corporation, Marriott International, Inc., Starwood Hotels
`& Resorts Worldwide, Inc., Usablenet, Inc., and Apple, Inc.
`2
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`CBM2014-00016
`Patent 6,871,325 B1
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`1. DUE DATE 1
`The patent owner may file—
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`a. A response to the petition (37 C.F.R. § 42.120), and
`
`b. A motion to amend the patent (37 C.F.R. § 42.121).
`The patent owner must file any such response or motion to amend by DUE DATE
`1. If the patent owner elects not to file anything, the patent owner must arrange a
`conference call with the parties and the Board. The patent owner is cautioned that
`any arguments for patentability not raised in the response will be deemed waived.
`
`
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`2. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and opposition to
`the motion to amend by DUE DATE 2.
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`3. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to patent
`owner’s motion to amend by DUE DATE 3.
`
`4. DUE DATE 4
`a. The petitioner must file any motion for an observation on the cross-examination
`testimony of a reply witness (see section C, below) by DUE DATE 4.
`b. Each party must file any motion to exclude evidence (37 C.F.R § 42.64(c)) and
`any request for oral argument (37 C.F.R. § 42.70(a)) by DUE DATE 4.
`
` 5. DUE DATE 5
`a. The patent owner must file any reply to a petitioner observation on cross-
`examination testimony by DUE DATE 5.
`b. Each party must file any opposition to a motion to exclude evidence by DUE
`DATE 5.
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`3
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`CBM2014-00016
`Patent 6,871,325 B1
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`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by DUE DATE 6.
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`7. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE DATE 7.
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`B. CROSS-EXAMINATION
`Except as the parties might otherwise agree, for each due date—
`1. Cross-examination begins after any supplemental evidence is due. 37 C.F.R.
`§§ 42.53(d)(2).
`2. Cross-examination ends no later than a week before the filing date for any paper
`in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`A motion for observation on cross-examination provides the petitioner with a
`mechanism to draw the Board’s attention to relevant cross-examination testimony
`of a reply witness, since no further substantive paper is permitted after the reply.
`See Office Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012).
`The observation must be a concise statement of the relevance of precisely
`identified testimony to a precisely identified argument or portion of an exhibit.
`Each observation should not exceed a single, short paragraph. The patent owner
`may respond to the observation. Any response must be equally concise and
`specific.
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`DUE DATE APPENDIX
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`DUE DATE 1…………………………………………………May 29, 2014
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`Patent owner’s response to the petition
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`4
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`Patent owner’s motion to amend the patent
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`CBM2014-00016
`Patent 6,871,325 B1
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`DUE DATE 2…………………………………………………. July 29, 2014
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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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`DUE DATE 3………………………………………………… August 29, 2014
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4………………………………………………… September 19, 2014
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`Petitioner’s motion for observation regarding
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`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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`
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`DUE DATE 5………………………………………………… October 3, 2014
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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………………………………………………… October 10, 2014
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`Reply to opposition to motion to exclude
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`DUE DATE 7………………………………………………… October 24, 2014
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`Oral argument (if requested)
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`5
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`CBM2014-00016
`Patent 6,871,325 B1
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`FOR PETITIONER:
`
`
`
`
`
`Richard Zembeck
`Gilbert Greene
`richard.zembeck@nortonrosefullbright.com
`bert.greene@nortonrosefullbright.com
`
`FOR PATENT OWNER:
`
`John Osborne
`Michael Fabiano
`josborne@osborneipl.com
`mdfabiano@fabianolawfirm.com
`
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`6
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