`571-272-7822 Date Entered: January 14, 2014
`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`MUNCHKIN, INC. AND TOYS “R” US, INC.
`Petitioners
`
`v.
`
` LUV N’ CARE, LTD.
`Patent Owner
`____________
`
`Case IPR2013-00072
`Patent D617,465
`____________
`
`
`
`
`
`Before JENNIFER S. BISK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`Case IPR2013-00072
`Patent D617,465
`
`
`On January 14, 2014, Patent Owner requested, via email, a change in the
`
`date of the final oral argument, currently scheduled for January 22, 2014, due to a
`
`scheduling conflict on the part of its lead counsel. Patent Owner provides several
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`alternate dates, including January 23, 27, 28, 29, and 30, and represents that
`
`Petitioner consents to this request.
`
`Patent Owner has not explained why Back-up Counsel is not available for
`
`the scheduled oral argument date. See 37 C.F.R. § 42.10(a) (“If a party is
`
`represented by counsel, the party must designate a lead counsel and a back-up
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`counsel who can conduct business on behalf of the lead counsel.”). Moreover, the
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`scheduling conflict arose after the date for final argument was set. Specifically, the
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`hearing date, only eight days away at the time of Patent Owner’s request, was set
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`in April 2013 to give the parties ample notice. Paper 9 (“Scheduling Order”).
`
`Subsequently, in a conference call on June 6, 2013, counsel for Patent Owner
`
`represented that there was no need to modify any dates set in the Scheduling Order,
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`which included the January 22, 2014, hearing date. Paper 12.
`
`The schedules of all involved must be considered in determining whether to
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`alter a scheduled oral argument date, including the resources of the Board. Under
`
`the circumstances, the Board cannot accommodate Patent Owner’s request to
`
`change the original hearing date.
`
`Accordingly, it is
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`ORDERED that Patent Owner’s request to reset the date for the final oral
`
`argument is denied.
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Case IPR2013-00072
`Patent D617,465
`
`
`
`
`Petitioner:
`
`A. Poplin
`jpoplin@lathropgage.comm
`
`
`Dane Baltich
`dane.baltich@alston.com
`
`
`
`
`Patent Owner:
`
`Morris Cohen
`mcohen@goldbergcohen.com
`
`
`
`
`
`
`3
`
`
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