`Date: August 1, 2013
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`Trials@uspto.gov
`571-272-7822
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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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`WAVELOCK ADVANCED TECHNOLOGY CO., LTD.
`Petitioner
`
`v.
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`TEXTRON INNOVATIONS INC.
`Patent Owner
`____________
`
`Case IPR2013-00149 (SCM)
`Patent 6,455,138
`____________
`
`Before SALLY C. MEDLEY, JOSIAH C. COCKS, and BRYAN F. MOORE
`Administrative Patent Judges.
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`COCKS, Administrative Patent Judge.
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`SCHEDULING ORDER
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`IPR2013-00149
`Patent 6,455,138
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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 difference 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 file papers relying on the evidence and cross-examination
`testimony (see section B, below).
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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 proceeding. 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 attorney fees incurred by a 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—
`a. A response to the petition (37 C.F.R. § 42.120), and
`b. A motion to amend the patent (37 C.F.R. § 42.121).
`Any such response or motion to amend by the patent owner must be filed by
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`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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`IPR2013-00149
`Patent 6,455,138
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`cautioned that any argument for patentability not raised and fully briefed in the
`response will be deemed waived.
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`2. DUE DATE 2
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`The petitioner may file a reply to the patent owner’s response and an
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`opposition to the patent owner’s motion to amend. Any such filing must be made
`by DUE DATE 2.
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`3. DUE DATE 3
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`The patent owner may file a reply to the petitioner’s opposition to patent
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`owner’s motion to amend. Any such filing must be made by DUE DATE 3.
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`4. DUE DATE 4
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`a. The petitioner may file a motion for an observation on the cross-
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`examination testimony of a reply witness. (See section C, below). Any such filing
`must be made by DUE DATE 4.
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`b. Each party may file a motion to exclude evidence (37 C.F.R. § 42.64(c))
`and a request for oral argument (37 C.F.R. § 42.70(a)). Any such filing must be
`made by DUE DATE 4.
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`5. DUE DATE 5
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`a. The patent owner may file a reply to a petitioner’s observation on cross-
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`examination testimony. Any such filing must be made by DUE DATE 5.
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`b. Each party may file an opposition to a motion to exclude evidence. Any
`such filing must be made by DUE DATE 5.
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`IPR2013-00149
`Patent 6,455,138
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`6. DUE DATE 6
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`Each party may file a reply to an opposition to a motion to exclude evidence.
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`Any such filing must be made by DUE DATE 6.
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`7. DUE DATE 7
`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 –
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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
`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 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 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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`IPR2013-00149
`Patent 6,455,138
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`DUE DATE APPENDIX
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`DUE DATE 1……………………………………………………. October 1, 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’s response to petition
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`Petitioner’s opposition to Patent Owner’s motion to amend
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`DUE DATE 3……………………………………………. ……….January 2, 2014
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`Patent Owner’s reply to Petitioner’s opposition
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`to Patent Owner’s motion to amend
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`DUE DATE 4……………………………………………. ……January 22, 2014
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`Petitioner’s motion for observation regarding
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`cross-examination of reply witness
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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 evidence
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`DUE DATE 6………………………………………………….February 12, 2014
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`Reply to opposition to motion to exclude evidence
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`Motion to exclude evidence
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`Request for oral argument
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`5
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`IPR2013-00149
`Patent 6,455,138
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`DUE DATE 7…………………………………………..………February 26, 2014
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`Oral argument (if requested)
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`IPR2013-00149
`Patent 6,455,138
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`For PETITIONER:
`Mehran Arjomand
`marjomand@mofo.com
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`Jonathan Bockman
`jbockman@mofo.com
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`For PATENT OWNER
`
`Patrick Doody
`patrick.doody@pillsburylaw.com
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`Bryan Collins
`bryan.collins@pillsburylaw.com
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`7
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