`571-272-7822
`
`Paper 68
`Entered: November 14, 2013
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVAYA INC., DELL INC., SONY CORPORATION OF AMERICA,
`and HEWLETT-PACKARD CO.
`Petitioners
`
`v.
`
`NETWORK-1 SECURITY SOLUTIONS, INC.
`Patent Owner
`____________
`
`Case IPR2013-000711
`Patent 6,218,930
`
`
`
`Before JONI Y. CHANG, JUSTIN T. ARBES, and GLENN J. PERRY,
`Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`A conference call in the above proceeding was held on
`
`November 13, 2013 among counsel for Petitioners Avaya Inc. (“Avaya”),
`
`
`1 Cases IPR2013-00385 and IPR2013-00495 have been joined with this
`proceeding.
`
`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`Sony Corporation of America, and Hewlett-Packard Co.; counsel for Patent
`
`Owner; and Judges Chang, Arbes, and Perry. The call was requested by
`
`Patent Owner to seek an extension of DUE DATES 4-6 in the Revised
`
`Scheduling Order (Paper 51).
`
`Patent Owner stated that it anticipates filing, with its reply to Avaya’s
`
`opposition to Patent Owner’s motion to amend due on November 14, 2013, a
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`new declaration from Dr. James Knox. According to Patent Owner,
`
`however, Dr. Knox is unavailable for deposition until December 3, 2013.
`
`Therefore, Patent Owner requested that DUE DATES 4-6 be postponed so
`
`that Avaya may depose Dr. Knox and prepare any motion for observation it
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`desires to file by DUE DATE 4. Avaya opposed Patent Owner’s request,
`
`arguing that Patent Owner should not be permitted to rely on a reply witness
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`unless it makes the witness available for deposition during the required time
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`period. Avaya further requested that, if DUE DATE 4 is extended to permit
`
`a later deposition of Dr. Knox, Avaya should be permitted the same number
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`of days between DUE DATES 4 and 5 as are present in the existing
`
`schedule.
`
`Patent Owner also requested that DUE DATE 7 (oral argument) be
`
`postponed from January 17, 2014 to at least January 27, 2014 because one of
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`its back-up counsel in the instant proceeding, Greg Dovel, has a district
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`court trial scheduled to begin on January 13, 2014. Patent Owner did not
`
`represent that its other designated counsel—lead counsel Robert G. Mukai
`
`and back-up counsel Charles F. Wieland III—are similarly unavailable on
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`January 17, 2014. See Paper 8. Avaya opposed Patent Owner’s request, but
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`stated that it needed to check its counsel schedules regarding other potential
`
`dates on which it may be available for oral argument.
`
`
`
`
`2
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`
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`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`
`As discussed during the call, the Board is persuaded that minor
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`extensions of DUE DATES 4-6 are appropriate to accommodate the
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`deposition of Dr. Knox and related briefing, and would not be unduly
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`prejudicial to Petitioners. A Revised Scheduling Order will be entered
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`setting the following dates:
`
`DUE DATE 4
`
`December 11, 2013
`
`DUE DATE 5
`
`December 23, 2013
`
`DUE DATE 6
`
`December 30, 2013
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`However, given the need for the Board to complete this proceeding in an
`
`efficient and expeditious manner and the fact that Patent Owner has other
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`counsel available for oral argument on January 17, 2014, DUE DATE 7 will
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`not be postponed. Patent Owner indicated during the call that Mr. Dovel is
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`available the week of January 6, 2014. Petitioners and Patent Owner shall
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`confer and provide to the Board multiple alternative dates during the week
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`of January 6, 2014 on which counsel for all parties are available for oral
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`argument. Patent Owner’s request to move DUE DATE 7 will be subject to
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`Board availability.
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`
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`In consideration of the foregoing, it is hereby:
`
`ORDERED that Petitioners and Patent Owner shall confer and
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`provide, by email to Trials@uspto.gov by November 14, 2013, multiple
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`dates during the week of January 6, 2014 on which counsel for all parties are
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`available for oral argument.
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`
`
`
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`
`3
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`
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`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`PETITIONERS:
`
`Jeffrey D. Sanok
`Jonathan Lindsay
`CROWELL & MORING LLP
`JSanok@Crowell.com
`JLindsay@Crowell.com
`
`Michael J. Scheer
`Thomas M. Dunham
`WINSTON & STRAWN LLP
`mscheer@winston.com
`tdunham@winston.com
`
`Lionel M. Lavenue
`Erika Arner
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`lionel.lavenue@finnegan.com
`erika.arner@finnegan.com
`
`
`Robert J. Walters
`Charles J. Hawkins
`McDERMOTT WILL & EMERY LLP
`rwalters@mwe.com
`chawkins@mwe.com
`
`PATENT OWNER:
`
`Robert G. Mukai
`Charles F. Wieland III
`BUCHANAN, INGERSOLL & ROONEY P.C.
`Robert.Mukai@BIPC.com
`Charles.Wieland@BIPC.com
`
`
`
`
`
`
`4
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`
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