`571-272-7822
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`Paper 19
`Entered: March 29, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`LKQ CORPORATION
`Petitioner
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`v.
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`CLEARLAMP, LLC
`Patent Owner
`____________
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`Case IPR2013-00020
`Patent 7,297,364
`____________
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`Before SALLY C. MEDLEY, KEVIN F. TURNER, and JOSIAH C. COCKS
`Administrative Patent Judges.
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`COCKS, Administrative Patent Judge.
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`SCHEDULING ORDER
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`IPR2013-00020
`Patent 7,297,364
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`A. DUE DATES
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`This order sets due dates for the parties to take action in this trial. The
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`parties may stipulate to difference dates for DUE DATES 1 through 3 (earlier or
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`later, but no later than DUE DATE 4). A Notice of the Stipulation, specifically
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`identifying the changed due dates, must be promptly filed. The parties may not
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`stipulate to an extension of DUES DATES 4-7.
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`In stipulating to difference times, the parties should consider the effect of the
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`stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to supplement
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`evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-examination (37 C.F.R.
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`§ 42.53(d)(2)), and to file papers relying on the evidence and cross-examination
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`testimony (see section B, below).
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`The parties are reminded that the Testimony Guidelines appended to the
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`Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012) (Appendix D),
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`apply to this proceeding. The Board may impose an appropriate sanction for
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`failure to adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For example,
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`reasonable expenses and attorney fees incurred by a party may be levied on a
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`person who impedes, delays, or frustrates the fair examination of a witness.
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`1. DUE DATE 1
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`The Patent Owner may file—
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`a. A response to the petition (37 C.F.R. § 42.120), and
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`b. A motion to amend the patent (37 C.F.R. § 42.121).
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`Any such response or motion to amend by the Patent Owner must be filed by
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`DUE DATE 1. If the Patent Owner elects not to file anything, the Patent
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`Owner must initiate a joint conference call with the Petitioner and the Board prior
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`to DUE DATE 1.
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`2
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`IPR2013-00020
`Patent 7,297,364
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`2. DUE DATE 2
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`The Petitioner may file a reply to the Patent Owner’s response and an opposition to
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`the Patent Owner’s motion to amend. Any such filing must be made by DUE
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`DATE 2.
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`3. DUE DATE 3
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`The Patent Owner may file a reply to the Petitioner’s opposition to Patent Owner’s
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`motion to amend. Any such filing must be made by DUE DATE 3.
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`4. DUTE DATE 4
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`a. The Petitioner may file a motion for an observation on the cross-examination
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`testimony of a reply witness. (See section C, below). Any such filing must be
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`made by DUE DATE 4.
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`b. Each party may file a motion to exclude evidence (37 C.F.R. § 42.64(c)) and a
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`request for oral argument (37 C.F.R. § 42.70(a)). Any such filing must be made by
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`DUE DATE 4.
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`5. DUE DATE 5
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`a. The Patent Owner may file a reply to a Petitioner’s observation on cross-
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`examination testimony. Any such filing must be made by DUE DATE 5.
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`b. Each party may file an opposition to a motion to exclude evidence. Any such
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`filing must be made by DUE DATE 5.
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`3
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`IPR2013-00020
`Patent 7,297,364
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`6. DUE DATE 6
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`Each party may file a reply to an opposition to a motion to exclude evidence. Any
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`such filing must be made by DUE DATE 6.
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`7. DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE DATE 7.
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`B. CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date –
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`1. Cross-examination begins after any supplemental evidence is due. 37 C.F.R.
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`§ 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date for any paper
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`in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the Petitioner with
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`a mechanism to draw the Board’s attention to relevant cross-examination
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`testimony of a reply witness, since no further substantive paper is permitted after
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`the reply. See Office Trial Practice Guide, 77 Fed. Reg. 48756, 48768 (Aug. 14,
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`2012). The observation should not exceed a single, short paragraph. The Patent
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`Owner may respond to the observation. Any response must be equally concise and
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`specific.
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`4
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`IPR2013-00020
`Patent 7,297,364
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`DUE DATE APPENDIX
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`DUE DATE 1………………………………………………………... July 1, 2013
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`Patent Owner’s response to the petition
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`Patent Owner’s motion to amend the patent
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`DUE DATE 2………………………………………..……….September 30, 2013
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`Petitioner’s reply to Patent Owner’s response to petition
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`Petitioner’s opposition to Patent Owner’s motion to amend
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`DUE DATE 3…………………………………………….……. October 29, 2013
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`Patent Owner’s reply to Petitioner’s opposition
`to Patent Owner’s motion to amend
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`DUE DATE 4…………………………………………….……November 19, 2013
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`Petitioner’s motion for observation regarding
`cross-examination of reply witness
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`DUE DATE 5…………………………………………………. .December 3, 2013
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`Motion to exclude evidence
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`Request for oral argument
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`Patent Owner’s response to observation
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`Opposition to motion to exclude evidence
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`DUE DATE 6…………………………………………..…….. December 10, 2013
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`Reply to opposition to motion to exclude evidence
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`5
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`IPR2013-00020
`Patent 7,297,364
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`DUE DATE 7…………………………………………………… January 2, 2014
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`Oral argument (if requested)
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`6
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`IPR2013-00020
`Patent 7,297,364
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`For PETITIONER:
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`Alan L. Barry
`Heather A. Boice
`K&L GATES LLP
`alan.barry@klgates.com
`heather.boice@klgates.com
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`For PATENT OWNER
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`Matthew L. Cutler
`Bryan K. Wheelock
`Douglas A. Robinson
`HARNESS, DICKEY & PIERCE, PLC
`mcutler@hdp.com
`bwheelock@hdp.com
`drobinson@hdp.com
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`7
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