Trials@uspto.gov
` 571-272-7822
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` Paper No. 12
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` Entered: October 25, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOBOTIX CORP.
`Petitioner
`
`v.
`
`
`
`
`
`E-WATCH, INC.
`Patent Owner
`
`____________
`
`Case IPR2013-00255
`Patent 6,970,183
`____________
`
`
`Before JAMESON LEE, MICHAEL W. KIM, and GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`
`BRADEN, Administrative Patent Judge.
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`
`
`
`SCHEDULING ORDER
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` 571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
` Paper No. 12
`
`
` Entered: October 25, 2013
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MOBOTIX CORP.
`Petitioner
`
`v.
`
`
`
`
`
`E-WATCH, INC.
`Patent Owner
`
`____________
`
`Case IPR2013-00255
`Patent 6,970,183
`____________
`
`
`Before JAMESON LEE, MICHAEL W. KIM, and GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`
`BRADEN, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`Case IPR2013-00255
`Patent 6,970,183
`
`A. DUE DATES
`
`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 or
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`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
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`stipulate to an extension of DUE DATES 4-7.
`
`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).
`
`The parties are reminded that the Testimony Guidelines appended to the
`
`Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012) (Appendix D),
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`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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`
`
`
`
`
`
`
`
`Case IPR2013-00255
`Patent 6,970,183
`
`1. DUE DATE 1
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`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).
`
`The patent owner must file any such response or motion to amend by DUE
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`DATE 1. If the patent owner elects not to file anything, the patent owner must
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`arrange a conference call with the parties and the Board. The patent owner is
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`cautioned that any arguments for patentability not raised and fully briefed in the
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`response will be deemed waived.
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`
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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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`
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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 the
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`patent owner’s motion to amend by DUE DATE 3.
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`Case IPR2013-00255
`Patent 6,970,183
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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 DUE
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`DATE 4.
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`
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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 cross-
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`examination testimony by DUE DATE 5.
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`b. Each party must file any opposition to a motion to exclude evidence by
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`DUE DATE 5.
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`
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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 DUE
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`DATE 6.
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`
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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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`
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`Case IPR2013-00255
`Patent 6,970,183
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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. 37
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`C.F.R. § 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date for any
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`paper in which the cross-examination testimony is expected to be used. Id.
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`
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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-examination
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`testimony of a reply witness, since no further substantive paper is permitted
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`after the reply. See Office Trial Practice Guide, 77 Fed. Reg. 48756, 48768
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`(Aug. 14, 2012). The observation must be a concise statement of the relevance of
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`precisely identified testimony to a precisely identified argument or portion of an
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`exhibit. Each observation should not exceed a single, short paragraph. The patent
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`owner may respond to the observation. Any response must be equally concise and
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`specific.
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`Case IPR2013-00255
`Patent 6,970,183
`
`DUE DATE APPENDIX
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`DUE DATE 1…………….…………………………….....January 7, 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……………………………………………..March 21, 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………………………………………..........April 23, 2014
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4…………………………………………......May 14, 2014
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`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………………………………………..……May 27, 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…………………………………………......June 2, 2014
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`Reply to opposition to motion to exclude
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`DUE DATE 7…………………………..…………………June 16, 2014
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`Oral argument (if requested)
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`Case IPR2013-00255
`Patent 6,970,183
`
`For PETITIONER:
`
`Steven H. Slater
`Michael Kucher
`SLATER & MATSIL, L.L.P.
`slater@slater-matsil.com
`kucher@slater-matsil.com
`
`
`For PATENT OWNER:
`
`Robert C. Curfiss
`bob@curfiss.com
`
`
`
`
`
`
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