`Trials@uspto.gov
`571-272-7822
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`Date Entered: July 16, 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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`UNIVERSAL REMOTE CONTROL, INC.
`Petitioner
`
`v.
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`UNIVERSAL ELECTRONICS, INC.
`Patent Owner
`____________
`
`Case IPR2013-00127
`Patent 6,587,067 C1
`____________
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and SCOTT R.
`BOALICK, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
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`SCHEDULING ORDER
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`IPR2013-00127
`Patent 6,587,067 C1
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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
`parties may stipulate to different dates for DUE DATES 1 through 3 (earlier or
`later, but no later than DUE DATE 4). A notice of the stipulation, specifically
`identifying the changed due dates, must be promptly filed. The 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 of the
`stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to supplement
`evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-examination (37 C.F.R. §
`42.53(d)(2)), and to draft papers depending on the evidence and cross-examination
`testimony (see Section B).
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`The parties are reminded that the Testimony Guidelines appended to the
`Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012) (Appendix D),
`apply to this trial. The Board may impose an appropriate sanction for failure to
`adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For example, reasonable
`expenses and attorneys’ fees incurred by any party may be levied on a person who
`impedes, delays, or frustrates the fair examination of a witness.
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`1. DUE DATE 1
`The patent owner may file—
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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).
`The patent owner must file any such response or motion to amend by DUE
`DATE 1. If the patent owner elects not to file anything, the patent owner must
`arrange a conference call with the parties and the Board. The patent owner is
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`2
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`IPR2013-00127
`Patent 6,587,067 C1
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`cautioned that any arguments for patentability not raised and fully briefed in the
`response will be deemed waived.
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`2. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and
`opposition to the motion to amend by DUE DATE 2.
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`3. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to the
`patent owner’s motion to amend by DUE DATE 3.
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`4. DUE DATE 4
`a. The petitioner must file any motion for an observation on the cross-
`examination testimony of a reply witness (see Section C) by DUE DATE 4.
`b. Each party must file any motion to exclude evidence (37 C.F.R
`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by DUE
`DATE 4.
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` 5. DUE DATE 5
`a. The patent owner must file any reply to a petitioner observation on cross-
`examination testimony by DUE DATE 5.
`b. Each party must file any opposition to a motion to exclude evidence by
`DUE DATE 5.
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`IPR2013-00127
`Patent 6,587,067 C1
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`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by 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 DATE 7.
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`B. CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date—
`1. Cross-examination begins after any supplemental evidence is due. 37
`C.F.R. § 42.53(d)(2).
`2. Cross-examination ends no later than a week before the filing date for
`any paper in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`A motion for observation on cross-examination provides the petitioner with
`a mechanism to draw the Board’s attention to relevant cross-examination
`testimony of a reply witness, since no further substantive paper is permitted after
`the reply. See Office Trial Practice Guide, 77 Fed. Reg. 48756, 48768 (Aug. 14,
`2012). The observation must be a concise statement of the relevance of precisely
`identified testimony to a precisely identified argument or portion of an exhibit.
`Each observation should not exceed a single, short paragraph. The patent owner
`may respond to the observation. Any response must be equally concise and
`specific.
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`IPR2013-00127
`Patent 6,587,067 C1
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`DUE DATE APPENDIX
`DUE DATE 1…………….……………………………...October 9, 2013
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
`DUE DATE 2…………………………………………….January 9, 2014
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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……………………………………………February 10, 2014
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`Patent owner’s reply to petitioner opposition to motion to amend
`DUE DATE 4……………………………………………..March 3, 2014
`Petitioner’s motion for observation regarding cross-examination of reply
`witness
`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5……………………………………………..March 17, 2014
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`Patent owner’s response to observation
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`Opposition to motion to exclude
`DUE DATE 6……………………………………………March 24, 2014
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`Reply to opposition to motion to exclude
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`DUE DATE 7……………………………………………April 8, 2014
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`Oral argument (if requested)
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`5
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`IPR2013-00127
`Patent 6,587,067 C1
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`For Patent Owner:
`Michael A. Nicodema
`Gary R. Jarosik
`Eric J. Maiers
`GREENBERG TRAURIG, LLP
`chiipmail@gtlaw.com
`jarosikg@gtlaw.com
`maierse@gtlaw.com
`
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`For Petitioner:
`
`Timothy E. Bianchi
`Thomas C. Reynolds
`SCHWEGMAN, LUNDBERG & WOESSNER, P.A.
`tbianchi@slwip.com
`treynolds@slwip.com
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`6
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