`571-272-7822
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` Paper 17
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`Entered: March 18, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RESEARCH IN MOTION CORPORATION
`Petitioner,
`
`v.
`
`MOBILEMEDIA IDEAS LLC
`Patent Owner.
`____________
`
`Case IPR2013-00016 (JYC)
`Patent 6,441,828
`____________
`
`
`Before SALLY C. MEDLEY, KEVIN F. TURNER, and JONI Y. CHANG,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge
`
`
`
`SCHEDULING ORDER
`
`
`A. DUE DATES
`
`This order sets due dates for the parties to take action in this trial.
`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
`
`
`
`Case IPR2013-00016
`Patent 6,441,828
`
`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).
`
`The parties are reminded that the Testimony Guidelines appended to
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14,
`2012) (Appendix D), apply to this trial. 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. DUE DATE 1
`The patent owner may file—
`
`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 and
`fully briefed in the response will be deemed waived.
`
`2
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`Case IPR2013-00016
`Patent 6,441,828
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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.
`
`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) 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.
`
`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`3
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`Case IPR2013-00016
`Patent 6,441,828
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`7. DUE DATE 7
`
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`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.
`
`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 Patent Trial Practice Guide, 77 Fed.
`Reg. 48756, 48768 (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.
`
`4
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`Case IPR2013-00016
`Patent 6,441,828
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`DUE DATE APPENDIX
`
`DUE DATE 1…………….…………………………………... May 20, 2013
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`
`
`DUE DATE 2………………………………………….…..…. July 18, 2013
`
`Petitioner’s reply to patent owner response to petition
`
`
`Petitioner’s opposition to motion to amend
`
`
`DUE DATE 3………………………………………........... August 19, 2013
`
`Patent owner’s reply to petitioner opposition to motion to amend
`
`DUE DATE 4…………………………………………... September 9, 2013
`Petitioner’s motion for observation regarding cross-examination of
`reply witness
`
`
`
`
`Motion to exclude evidence
`Request for oral argument
`
`
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`DUE DATE 5……………………………………….… September 23, 2013
`
`Patent owner’s response to observation
`
`Opposition to motion to exclude
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`DUE DATE 6…………………………………….…… September 30, 2013
`
`Reply to opposition to motion to exclude
`
`
`DUE DATE 7…………………………..……………… October 18, 2013
`
`Oral argument (if requested)
`
`
`5
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`Case IPR2013-00016
`Patent 6,441,828
`
`PETITIONER:
`
`Robert C. Mattson
`Oblon Spivak
`CPdocketMattson@oblon.com
`
`PATENT OWNER:
`
`Anthony C. Coles
`PROSKAUER ROSE LLP
`acoles@proskauer.com
`
`
`6
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`