`571-272-7822
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`Paper 23
`Entered: June 3, 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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`APPLE INC.
`Petitioner
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`v.
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`ACHATES REFERENCE PUBLISHING, INC.
`Patent Owner
`____________
`
`Case IPR2013-00080
`Patent 6,173,403
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`
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`Before HOWARD B. BLANKENSHIP, JUSTIN T. ARBES, and
`THOMAS L. GIANNETTI, Administrative Patent Judges.
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`ARBES, Administrative Patent Judge.
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`
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`SCHEDULING ORDER
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`Case IPR2013-00080
`Patent 6,173,403
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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 different dates for DUE DATES 1 through 3 (earlier
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`or later, but no later than DUE DATE 4). A notice of the stipulation,
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`specifically identifying the changed due dates, must be promptly filed. The
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`parties may not stipulate to an extension of DUE DATES 4-7.
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`In stipulating to different times, the parties should consider the effect
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`of the stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to
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`supplement evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-
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`examination (37 C.F.R. § 42.53(d)(2)), and to draft papers depending on the
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`evidence and cross-examination testimony (see Section B).
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`The parties are reminded that the Testimony Guidelines appended to
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`the Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012)
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`(Appendix D), apply to this trial. The Board may impose an appropriate
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`sanction for failure to adhere to the Testimony Guidelines. 37 C.F.R.
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`§ 42.12. For example, reasonable expenses and attorneys’ fees incurred by
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`any party may be levied on a person who impedes, delays, or frustrates the
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`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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`
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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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`The patent owner must file any such response or motion to amend 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 arrange a conference call with the parties and the Board. The
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`Case IPR2013-00080
`Patent 6,173,403
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`patent owner is cautioned that any arguments for patentability not raised and
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`fully briefed in the response will be deemed waived.
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`2. DUE DATE 2
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`The petitioner must file any reply to the patent owner’s response and
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`opposition to the motion to amend by DUE DATE 2.
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`3. DUE DATE 3
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`The patent owner must file any reply to the petitioner’s opposition to
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`the patent owner’s motion to amend by DUE DATE 3.
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`4. DUE DATE 4
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`a. The petitioner must file any motion for an observation on the cross-
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`examination testimony of a reply witness (see Section C) by DUE DATE 4.
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`b. Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
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`DUE DATE 4.
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` 5. DUE DATE 5
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`a. The patent owner must file any reply to a petitioner observation on
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`cross-examination testimony by DUE DATE 5.
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`b. Each party must file any opposition to a motion to exclude evidence
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`by DUE DATE 5.
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`Case IPR2013-00080
`Patent 6,173,403
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`6. DUE DATE 6
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`Each party must file any reply for a motion to exclude evidence by
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`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
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`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.
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`37 C.F.R. § 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date
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`for any paper in which the cross-examination testimony is expected to be
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`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
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`with a mechanism to draw the Board’s attention to relevant cross-
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`examination testimony of a reply witness, since no further substantive paper
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`is permitted after the reply. See Office Trial Practice Guide, 77 Fed. Reg.
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`48756, 48768 (Aug. 14, 2012). The observation must be a concise statement
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`of the relevance of precisely identified testimony to a precisely identified
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`argument or portion of an exhibit. Each observation should not exceed a
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`single, short paragraph. The patent owner may respond to the observation.
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`Any response must be equally concise and specific.
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`Case IPR2013-00080
`Patent 6,173,403
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`DUE DATE APPENDIX
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`DUE DATE 1…………….……………………………...September 3, 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…………………………………………….December 2, 2013
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`Petitioner’s reply to patent owner response to petition
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`Petitioner’s opposition to motion to amend
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`DUE DATE 3………………………………………………January 2, 2014
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4……………………………………………..January 22, 2014
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`Petitioner’s motion for observation regarding cross-examination of
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`reply witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5……………………………………………..February 5, 2014
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`Patent owner’s response to observation
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`Opposition to motion to exclude
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`DUE DATE 6……………………………………………February 12, 2014
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`Reply to opposition to motion to exclude
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`DUE DATE 7……………………………………………February 26, 2014
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`Oral argument (if requested)
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`Case IPR2013-00080
`Patent 6,173,403
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`PETITIONER:
`
`Jeffrey P. Kushan
`Joseph A. Micallef
`SIDLEY AUSTIN LLP
`1501 K Street, N.W.
`Washington, DC 20005
`jkushan@sidley.com
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`PATENT OWNER:
`
`Brad D. Pedersen
`Bradley J. Thorson
`PATTERSON THUENTE PEDERSEN, P.A.
`80 South Eighth Street, Suite 4800
`Minneapolis, MN 55402
`prps@ptslaw.com
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`6
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