`571-272-7822
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` Entered: October 17, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EMC CORPORATION
`Petitioner
`v.
`
`PERSONALWEB TECHNOLOGIES, LLC
`Patent Owner
`____________
`
`Cases IPR2013-00082 (Patent 5,978,791)
`IPR2013-00083 (Patent 6,415,280)
`IPR2013-00084 (Patent 7,945,544)
`IPR2013-00085 (Patent 7,945,539)
`IPR2013-00086 (Patent 7,949,662)
`IPR2013-00087 (Patent 8,001,096)1
`____________
`
`
`Before KEVIN F. TURNER, JONI Y. CHANG, and MICHAEL R. ZECHER,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`1 This Order addresses issues that are identical in all six cases. Therefore, we
`exercise our discretion to issue one order to be filed in each of the six cases. The
`parties, however, are not authorized to use this style heading in any subsequent
`papers. Note that the petitioners for IPR2013-00082 and IPR2013-00083 are
`EMC Corporation and VMware, Inc.
`
`
`
`IPR2013-00082, Patent 5,978,791
`IPR2013-00083, Patent 6,415,280
`IPR2013-00084, Patent 7,945,544
`
`
`
`
`
`
`IPR2013-00085, Patent 7,945,539
`IPR2013-00086, Patent 7,949,662
`IPR2013-00087, Patent 8,001,096
`
`
`
`On October 16, 2013, a telephone conference call was held between
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`respective counsel for the parties and Judges Turner, Chang, and Zecher.
`
`PersonalWeb sought leave to file a motion for observation regarding cross-
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`examination of EMC’s reply declarant, Dr. Clark. EMC filed a reply (Paper 552)
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`and a second declaration of its expert, Dr. Clark, in support of the reply. The
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`parties indicated that they agreed to the date of the cross-examination of Dr. Clark
`
`regarding his second declaration. Upon further discussion, the parties also agreed
`
`to the following due dates for PersonalWeb’s motion for observation and EMC’s
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`response to observation: October 31, 2013, and November 6, 2013, respectively.
`
`As noted in the Scheduling Order (Paper 22 at 4) and the Office Patent Trial
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`Practice Guide (77 Fed. Reg. 48756, 48767-68), a motion for observation on
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`cross-examination is a mechanism to draw the Board’s attention to relevant cross-
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`examination testimony of a reply witness. The observation must be a concise
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`statement of the relevance of precisely identified testimony to a precisely identified
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`argument or portion of an exhibit (including another part of the same testimony).
`
`Any response to observation must be equally concise and specific.
`
`An observation (or response) is not an opportunity to raise new issues, to
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`re-argue issues, or to pursue objections. Each observation should be in the
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`following form:
`
`In exhibit __, on page __, lines __, the witness testified __. This
`testimony is relevant to the __ on page __ of __. The testimony is
`relevant because __.
`
`
`2 For the purpose of clarity and expediency, IPR2013-00082 is representative and
`all citations are to IPR2013-00082 unless otherwise noted.
`
`2
`
`
`
`IPR2013-00082, Patent 5,978,791
`IPR2013-00083, Patent 6,415,280
`IPR2013-00084, Patent 7,945,544
`
`
`
`
`
`
`IPR2013-00085, Patent 7,945,539
`IPR2013-00086, Patent 7,949,662
`IPR2013-00087, Patent 8,001,096
`
`
`
`The entire observation should not exceed one short paragraph. The Board
`
`may decline consideration or entry of excessively long or argumentative
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`observations (or responses).
`
`It is:
`
`ORDERED that PersonalWeb is authorized to file a motion for observation
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`on the cross-examination testimony of Dr. Clark regarding his second declaration
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`filed in support of EMC’s reply; the due date for filing such a motion is
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`October 31, 2013; and
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`FURTHER ORDERED that EMC is authorized to file a response to
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`PersonalWeb’s observation; the response must be filed on or before
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`November 6, 2013.
`
`
`
`PETITIONER:
`
`
`Peter M. Dichiara, Esq.
`David L. Cavanaugh, Esq.
`WILMER CUTLER PICKERING HALE & DORR LLP
`peter.dichiara@wilmerhale.com
`david.cavanaugh@wilmerhale.com
`
`
`PATENT OWNER:
`
`
`Joseph A. Rhoa, Esq.
`Updeep. S. Gill, Esq.
`NIXON & VANDERHYE P.C.
`jar@nixonvan.com
`usg@nixonvan.com
`
`3
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