`Tel: 571-272-7822
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` Paper 41
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`Entered: October 10, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`ABB, INC.
`Petitioner
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`v.
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`ROY-G-BIV CORPORATION
`Patent Owner
`____________
`
`Case IPR2013-00062 (Patent 6,516,236)
`Case IPR2013-00063 (Patent 6,513,058)
`Case IPR2013-00074 (Patent 8,073,557)1
`____________
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`Before THOMAS L. GIANNETTI, BRYAN F. MOORE, and
`JENNIFER S. BISK, Administrative Patent Judges.
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`GIANNETTI, Administrative Patent Judge.
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`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
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`1 This Order addresses a joint initial conference for these cases. The parties are not
`authorized to use this caption for any subsequent papers without authorization from
`the Board.
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`
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`IPR2013-00062 (Patent 6,516,236)
`IPR2013-00063 (Patent 6,513,058)
`IPR2013-00074 (Patent 8,073,557)
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`On October 8, 2013, a telephone conference call was held between
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`respective counsel for the parties and Judges Giannetti, Moore, and Bisk. Counsel
`for both parties emailed the Board2 with various disputes related to various issues
`including entering a protective order, the time for re-cross and re-direct of a certain
`witness, and the potential extension of one or more due dates.
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`1. The Board will enter the default protective order in this proceeding.
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`2. The default time limits of four hours for redirect examination and two
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`hours for recross-examination will be used for all witnesses.
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`3. DUE DATE 2 for IPR2013-00062 and -00074 is extended for ten days
`until October 28, 2013.
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`4. The Board authorizes the parties to use a combined caption of all three
`cases for the depositions in these cases and to file exhibits with uniform exhibit
`numbers in all three proceedings.
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`5. The Board authorizes the parties to make a video recording of the
`depositions in these proceedings. The Board informed counsel for the parties that
`the recorded video may not be submitted to the Board without prior authorization.
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`The disputed issues were resolved as follows:
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`2 We encourage both parties to refrain from sending lengthy emails to the PTAB
`trial mailbox. In the future, if a dispute requires a conference call with the Board,
`one succinct email describing the general issue is preferable to multiple emails
`listing each party’s position in detail.
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`2
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`
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`IPR2013-00062 (Patent 6,516,236)
`IPR2013-00063 (Patent 6,513,058)
`IPR2013-00074 (Patent 8,073,557)
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`
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`It is
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`ORDERED that the default protective order set forth in the Office Trial
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`Practice Guide, 77 C.F.R 48756, 48771 (Aug. 14, 2012) is hereby entered and shall
`govern the conduct of this proceeding unless otherwise modified;
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`FURTHER ORDERED that the default time limits of four hours for redirect
`examination and two hours for recross-examination will be used for all witnesses;
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`FURTHER ORDERED that DUE DATE 2 for IPR2013-00062 and -00074
`is extended ten days, to October 28, 2013;
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`FURTHER ORDERED that the parties are authorized to use a combined
`caption of all three cases for the depositions in these cases; and
`FURTHER ORDERED that the parties are authorized to make a video
`recording of the depositions in these cases.
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`3
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`IPR2013-00062 (Patent 6,516,236)
`IPR2013-00063 (Patent 6,513,058)
`IPR2013-00074 (Patent 8,073,557)
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`PETITIONER:
`Richard D. McLeod
`John D. Vandenberg
`Klarquist Sparkman LLP
`rick.mcleod@klarquist.com
`john.vandenberg@klarquist.com
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`PATENT OWNER:
`
`Richard T. Black
`Joel B. Arb
`Foster Pepper PLLC
`blacr@foster.com
`ardjo@foster.com
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`4
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