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Paper 10
`
`
` Entered: May 9, 2013
`Trial@uspto.gov
`
`
`
`
`
`
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Oracle Corporation
`Petitioner
`
`v.
`
`Clouding IP, LLC
`Patent Owner
`
`
`Case IPR2013-00073 (JL)
`Patent 6,738,799
`
`
`Before JAMESON LEE, JONI Y. CHANG, and MICHAEL W. KIM,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`On May 8, 2013, the initial telephone conference call for this trial was held
`
`
`
`between respective counsel for the parties and Judges Lee, Chang, and Kim. The
`
`purpose of the call was to discuss which motions the parties intend to file. Neither
`
`party filed a list of intended motions prior to the initial conference call. During the
`
`

`

`Case IPR2013-00073
`Patent 6,738,799
`
`conference call, counsel for both parties indicated that they do not, at this time,
`
`contemplate filing any motion.
`
`
`
`Neither party indicated a need for modifying any due date as set forth in the
`
`Scheduling Order (Paper 9) dated April 24, 2013. A discussion was held in which
`
`counsel for the parties expressed a willingness to coordinate with each other the
`
`dates of cross-examination of witnesses in several related inter partes reviews, so
`
`that the same witness may be deposed on the same day for more than one trial.
`
`The Judges indicated that the parties may stipulate to different Due Dates 1-3
`
`without prior authorization of the Board, but that a copy of the stipulation has to be
`
`filed in accordance with the requirements set forth in the Scheduling Order.
`
`
`
`
`
`It is
`
`ORDERED that if and when the patent owner desires to file a motion to
`
`amend claims, a conference call should be made to the Board to confer, prior to the
`
`filing of such a motion; see 37 C.F.R. § 42,121(a); and
`
`
`
`FURTHER ORDERED that all due dates set in the Scheduling Order dated
`
`April 24, 2013, remain unchanged, subject to any stipulation by the parties as to
`
`Due Dates 1-3.
`
`
`
`
`
`
`
`
`-2-
`
`

`

`Case IPR2013-00073
`Patent 6,738,799
`
`For PETITIONER
`
`Greg Gardella
`Scott A. McKeown
`OBLON SPIVAK
`cpdocketgardella@oblon.com
`cpdocketmckeown@oblon.com
`
`
`For PATENT OWNER
`
`Tarek N. Fahmi
`Amy J. Embert
`Fahmi, Sellers & Embert
`tarek.fahmi@tnfip.com
`amy.embert@fseip.com
`
`
`
`
`
`-3-
`
`

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