`571-272-7822
`
`
`Paper 36
`Date Entered: September 25, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE JEWELRY CHANNEL, INC. USA d/b/a Liquidation Channel,
`Petitioner
`
`v.
`
`AMERICA’S COLLECTIBLES NETWORK, INC.,
`Patent Owner.
`____________
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`____________
`
`
`
`BRIAN J. McNAMARA, Administrative Patent Judge.
`
`
`ORDER AUTHORIZING ADDITIONAL BRIEFING
`Conduct of the Proceeding
`37C.F.R. § 42.5
`
`
`
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`
`
`The last substantive brief in this proceeding, Patent Owner’s Reply to
`Petitioner’s Opposition to Motion to Amend (Paper 28), was filed on May 29,
`2015. On June 11, 2015, the Federal Circuit decided OIP Techs., Inc. v.
`Amazon.com, Inc., 788 F. 3d 1359 (Fed. Cir. 2015). At the hearing on July 16,
`2015, neither party addressed this decision.
`In consideration of the above, it is ORDERED that
`Each of the parties may, at their option, submit a brief not to exceed three
`pages concerning the implications of OIP to this proceeding not later than
`Thursday, October 1, 2015.
`
`
`
`
`PETITIONER:
`James Rosini
`Michael Turner
`KENYON & KENYON LLP
`jrosini@kenyon.com
`mturner@kenyon.com
`
`
`
`
`
`
`
`
`
`
`PATENT OWNER:
`
`Neil C. Jones
`Ashley Summer
`NELSON MULLINS RILEY & SCARBOROUGH LLP
`neil.jones@nelsonmullins.com
`ashley.summer@nelsonmullins.com
`
`
`
`
`2
`
`
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`
`
`APPENDIX A
`AMENDED SCHEDULING ORDER
`
`DUE DATE 2 ..................................................................................... May 22, 2015
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend.
`DUE DATE 3 ...................................................................................... May 29, 2015
`Patent owner’s reply to petitioner’s opposition to motion to amend
`DUE DATE 4 ...................................................................................... June 10, 2015
`Motion for observation regarding cross-examination of reply witness;
`Motion to exclude evidence
`Request for oral argument
`DUE DATE 5 ..................................................................................... June 24, 2015
`Response to observation
`Opposition to motion to exclude
`DUE DATE 6 ....................................................................................... July 1, 2015
`Reply to opposition to motion to exclude
`DUE DATE 7 ...................................................................................... July 16, 2015
`Oral argument (if requested)
`
`
`
`3
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