`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
` Paper 46
`
`
`Entered: October 25, 2013
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SYNOPSYS, INC.
`Petitioner
`
`v.
`
`MENTOR GRAPHICS CORPORATION
`Patent Owner
`_______________
`
`Case IPR2012-00042
`Patent 6,240,376 B1
`_______________
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`JENNIFER S. BISK, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`DECISION
`Request to Change Hearing Date
` 37 C.F.R. § 42.70
`
`This inter partes review was instituted on February 22, 2013. Paper
`16. A scheduling order setting the oral argument date for November 14,
`2013 was made the same day. Paper 17. Patent Owner requests that the
`scheduled November 14, 2013 hearing be changed to November 13, 2013.
`For the following reasons, the request is denied.
`
`
`
`Case IPR2012-00042
`Patent 6,240,376 B1
`
`
`The hearing date for this proceeding was scheduled nearly eight
`months ago. Paper 17. On October 15, 2013, both parties filed requests for
`oral argument scheduled for November 14, 2013. Papers 43 and 45.1
`Nevertheless, on October 24, 2013, just three weeks from the scheduled
`hearing date, Patent Owner seeks to have the hearing moved to November
`13, 2013. Specifically, Patent Owner informed Board personnel that Mark
`Miller, whom Patent Owner wants to present oral argument on behalf of the
`Patent Owner, is unavailable November 14, 2013. Petitioner does not
`oppose the request.
`Lead counsel for Patent Owner is Mr. Christopher McKee and back-
`up counsel is Mr. Michael Cuviello. Paper 11. The Office expects that lead
`counsel will, and back-up counsel may, participate in all hearings and
`conference calls with the Board. Office Patent Trial Practice Guide, 77 Fed.
`Reg. 48756, 48767 (Aug. 14, 2012). Moreover, Mr. Miller has not been
`identified as back-up counsel for Patent Owner. See 37 C.F.R. §§ 42.8 and
`42.10. As the Board understands it, he has not been given power of attorney
`to represent Patent Owner and has not previously participated in this
`proceeding in any manner. In any event, even if Patent Owner were to file
`the appropriate papers to add Mr. Miller as back-up counsel, Patent Owner’s
`request to change the scheduled hearing date is not persuasive. Patent
`Owner has a lead and back-up counsel who are expected to attend and Patent
`Owner has not informed the Board that either of them are unable to attend or
`present oral argument. More importantly, Patent Owner has had nearly eight
`months to request a different hearing date. At this late juncture, and based
`on the availability of Board resources, the Board will not grant such a late
`
`1 A decision on the requests for oral argument will be made in due course.
`2
`
`
`
`
`
`Case IPR2012-00042
`Patent 6,240,376 B1
`
`request. Accordingly, Patent Owner’s request to change the scheduled
`November 14, 2013 hearing date is denied.
`
`
`PETITIONER:
`
`William H. Wright
`Travis Jensen
`Orrick, Herrington & Sutcliffe, LLP
`Email: wwright@orrick.com
`Email: tjensen@orrick.com
`
`PATENT OWNER:
`
`Christopher L. McKee
`Michael S. Cuviello
`Banner & Witcoff, Ltd.
`Email: mentoripr@bannerwitcoff.com
`
`
`
`
`3
`
`
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