`571-272-7822
`
`
`Paper No: 23
`
` Entered: February 11, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION
`Petitioner
`
`v.
`
`PROXYCONN, INC.
`Patent Owner
`____________
`
`Case IPR2012-00026
`Patent 6,757,717
`____________
`
`
`
`Before SALLY C. MEDLEY, SCOTT R. BOALICK, and THOMAS L.
`GIANNETTI, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
` ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
` A
`
` telephone conference call in this matter was held on February 8,
`2013. The participants were Stephen J. Joncus, Esq. for the Petitioner,
`
`
`
`Case IPR2012-00026
`Patent 6,757,717
`
`Matthew L. Cutler, Esq. for the Patent Owner, and Administrative Patent
`Judges Sally C. Medley, Scott R. Boalick, and Thomas L. Giannetti.
`The following matters were discussed:
`
`1. Protective Order
`The parties have agreed on a form of protective order based upon the
`default protective order appearing in the Office Trial Practice Guide. They
`have agreed upon a modification to the default order whereby certain
`financial information will not be shared with in-house counsel. The parties
`will submit the proposed order for approval by the Board.
`
`2. Motions
`Patent Owner sought authorization to file a motion for additional
`discovery of certain Microsoft sales data and related information. Petitioner
`opposes the request for additional discovery. The Board took the request
`under advisement. Based on the facts, the Board has determined to
`authorize briefing on this issue.
`
`In consideration of the foregoing, it is, therefore,
`ORDERED that Patent Owner is authorized to file a motion for
`additional discovery of Microsoft sales data and related information;
`FURTHER ORDERED that Patent Owner’s motion is due one week
`from the entry date of this Order, and is limited to ten pages;
`FURTHER ORDERED that Patent Owner’s motion will specifically
`identify the information sought and address the relevance of that
`
`
`
`2
`
`
`
`Case IPR2012-00026
`Patent 6,757,717
`
`information, including identifying the nexus between the information sought
`and the allegation of commercial success;
`
`FURTHER ORDERED that Petitioner will have one week to oppose
`
`Patent Owner’s motion, running from the filing date of the motion;
`FURTHER ORDERED that Petitioner’s opposition is limited to ten
`
`pages;
`FURTHER ORDERED that a reply by Patent Owner is not
`
`authorized at this time.
`
`
`
`
`BY ELECTRONIC TRANSMISSION
`
`FOR PETITIONER:
`
`JOHN D. VANDENBERG
`STEPHEN J. JONCUS
`KLARQUIST SPARKMAN LLP
`john.vandenberg@klarquist.com
`stephen.joncus@klarquist.com
`
`
`FOR PATENT OWNER:
`
`MATTHEW L. CUTLER
`BRYAN K. WHEELOCK
`HARNESS, DICKEY & PIERCE
`mcutler@hdp.com
`bwheelock@hdp.com
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
