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`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`
`
`KYOCERA CORPORATION
`Petitioner
`
`
`v.
`
`
`SOFTVIEW LLC
`Patent Owner
`
`___________________
`
`CASE IPR2013-00007
`Patent 7,461,353.
`___________________
`
`
`
`PATENT OWNER'S LIST OF PROPOSED MOTIONS
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`
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`2808112
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`Case IPR2013-00007
`Patent 7,461,353
`PATENT OWNER'S LIST OF PROPOSED MOTIONS
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`The Patent Trial and Appeal Board ("Board") issued a decision on March 29,
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`2013 instituting Inter Partes Review of U.S. Patent No. 7,461,353, assigned Case
`
`IPR2013-00007. The Board scheduled an initial conference call for Wednesday,
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`May 1, 2013 at 3 PM Eastern Time. Pursuant to the Office Patent Trial Practice
`
`Guide, 77 Fed. Reg. 48756, 48765-66 (Aug. 14, 2012), Patent Owner ("SoftView")
`
`submits the following list of proposed motions it is currently considering filing.
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`This list is provided without prejudice to SoftView's right to seek authorization to
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`file additional motions or to decide not to file motions listed.
`
`I. Motion to Exclude Evidence
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`Pursuant to 37 CFR § 42.64(c), SoftView reserves the right to file a motion
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`to exclude evidence. While such a motion is automatically authorized, SoftView
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`identifies such a motion to preserve its right to file it.
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`II. Motion For Observations on Cross-Examination
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`Pursuant to 37 CFR § 42.20(a), SoftView reserves the right to file a motion
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`for observations on cross-examination. SoftView identifies potentially filing such
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`a motion to preserve its right.
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`III. Additional Topics for Discussion at Initial Conference Call
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`A.
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`Joint Stipulation to Modify Due Dates 1-3 In Scheduling
`Order
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`Case IPR2013-00007
`Patent 7,461,353
`On March 29, 2013, the Board issued a Scheduling Order for the above-
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`referenced Inter Partes Review. The Scheduling Order noted that the parties may
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`stipulate to different dates for Due Dates 1 through 3. On April 16, 2013,
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`SoftView filed a Joint Stipulation to Modify Due Dates 1-3 in the Scheduling
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`Order in which both SoftView and Kyocera agreed to modify Due Dates 1 through
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`3 to corresponding dates June 28, 2013, September 21, 2013, and October 30,
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`2013. SoftView would like to confirm with the Board that Due Dates 1 through 3
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`have been changed according to the parties' stipulation.
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`B. Deposition of Kyocera's Expert
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`With its Petition for Inter Partes Review, Kyocera submitted two expert
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`declarations from their expert, Jack D. Grimes, Ph.D. (Exhibits PX1021 and
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`PX1022). SoftView has requested dates from Kyocera to take the deposition of
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`Dr. Grimes, but to date has not received any dates from Kyocera. SoftView would
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`like to confirm that Kyocera will in fact offer Dr. Grimes for deposition and that
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`Kyocera will offer dates for his deposition. SoftView would also like clarification
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`on who may attend and/or defend Dr. Grimes' deposition. During the April 23,
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`2013 telephonic hearing, Apple represented to the Board that Dr. Grimes is their
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`expert. While Dr. Grimes appears to be Apple's expert in the pending litigation,
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`SoftView LLC v. Apple, Inc. et al., Case No. 10-389-LPS (D. DE) and the Inter
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`Partes Reexaminations (Control Nos. 95/000,634 and 95/000,635), Kyocera has
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`offered Dr. Grimes as its expert for purposes of the current Inter Partes Review.
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`Case IPR2013-00007
`Patent 7,461,353
`As such, SoftView would like clarification that Apple cannot attend and/or defend
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`Dr. Grimes' deposition in the current Inter Partes Review.
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` Respectfully submitted,
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`Dated: April 29, 2013
`
`By: /Ben Yorks/
`
`
`
` Ben Yorks
`
`IRELL & MANELLA LLP
`Ben Yorks, Esq.
`PTO Reg. No. 33,609
`Babak Redjaian, Esq.
`PTO Reg. No. 42,096
`840 Newport Center Drive, Suite 400
`Newport Beach, CA 92660
`Telephone: (949) 760-0991
`Fax: (949) 760-5200
`
`Attorneys for Patent Owner
`SoftView LLC
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`Case IPR2013-00007
`Patent 7,461,353
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on April 29,
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`2013, a copy of the foregoing document "PATENT OWNER'S LIST OF
`PROPOSED MOTIONS" was served by electronic mail, as agreed to by the
`parties, upon the following:
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`
`
`
`
`
`
`
`
`Richard P. Bauer
`richard.bauer@kattenlaw.com
`Michael Tomsa
`michael.tomsa@kattenlaw.com
`Katten Muchin Rosenman LLP
`2900 K Street NW – Suite 200
`Washington, DC 20007-5118
`(202) 625-3500 (tel)
`(202) 298-7570 (fax)
`
`
`
`
`
`
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`/Babak Redjaian/
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