Paper 9
`Date: Dec. 18, 2013
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING
`COMPANY, LIMITED
`Petitioner
`
`v.
`
`ZIPTRONIX, INC.
`Patent Owner
`____________
`
`Case IPR2013-00381
`Patent 7,485,968
`____________
`
`Before JAMESON LEE, HUBERT C. LORIN, and
`DENISE M. POTHIER, Administrative Patent Judges.
`
`POTHIER, Administrative Patent Judge.
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`Date: Dec. 18, 2013
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING
`COMPANY, LIMITED
`Petitioner
`
`v.
`
`ZIPTRONIX, INC.
`Patent Owner
`____________
`
`Case IPR2013-00381
`Patent 7,485,968
`____________
`
`Before JAMESON LEE, HUBERT C. LORIN, and
`DENISE M. POTHIER, Administrative Patent Judges.
`
`POTHIER, Administrative Patent Judge.
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`IPR2013-00381
`Patent 7,485,968
`
`A. DUE DATES
`
`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.
`
`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 file papers relying on the evidence and cross-examination
`testimony (see section B, below).
`
`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.
`
`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
`
`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
`
`2
`
`
`
`
`
`
`IPR2013-00381
`Patent 7,485,968
`
`
`cautioned that any argument for patentability not raised and fully briefed in the
`response will be deemed waived.
`2. DUE DATE 2
`
`The petitioner may file a reply to the patent owner’s response and an
`opposition to the patent owner’s motion to amend. Any such filing must be made
`by DUE DATE 2.
`3. DUE DATE 3
`
`The patent owner may file a reply to the petitioner’s opposition to patent
`owner’s motion to amend. Any such filing must be made by DUE DATE 3.
`4. DUTE DATE 4
`
`a. The petitioner may file a motion for an observation on the cross-
`examination testimony of a reply witness. (See section C, below). Any such filing
`must be made by DUE DATE 4.
`
`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.
`5. DUE DATE 5
`
`a. The patent owner may file a reply to a petitioner’s observation on cross-
`examination testimony. Any such filing must be made by DUE DATE 5.
`
`b. Each party may file an opposition to a motion to exclude evidence. Any
`such filing must be made by DUE DATE 5.
`6. DUE DATE 6
`
`Each party may file a reply to an opposition to a motion to exclude evidence.
`Any such filing must be made by DUE DATE 6.
`7. DUE DATE 7
`
`The oral argument (if requested by either party) is set for DUE DATE 7.
`
`3
`
`
`
`
`
`
`IPR2013-00381
`Patent 7,485,968
`
`B. CROSS-EXAMINATION
`
`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.
`
`
`
`
`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 should not exceed a single, short paragraph. The patent
`owner may respond to the observation. Any response must be equally concise and
`specific.
`
`
`DUE DATE APPENDIX
`
`DUE DATE 1…………………………………….……..……. February 18, 2014
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`DUE DATE 2…………………………………….………...…...…..April 18, 2014
`
`Petitioner’s reply to Patent Owner’s response to petition
`
`Petitioner’s opposition to Patent Owner’s motion to amend
`4
`
`
`
`
`
`
`Motion to exclude evidence
`
`IPR2013-00381
`Patent 7,485,968
`
`
`DUE DATE 3……………………………………………. ………….May 19, 2014
`
`Patent Owner’s reply to Petitioner’s opposition
`
`to Patent Owner’s motion to amend
`
`DUE DATE 4……………………………..…………….………...…June 9, 2014
`
`Petitioner’s motion for observation regarding
`
`cross-examination of reply witness
`
`
`
`
`
`DUE DATE 5…………………………………………..………....…June 23, 2014
`
`Patent Owner’s response to observation
`
`Opposition to motion to exclude evidence
`
`DUE DATE 6…………………………………………..………...….June 30, 2014
`
`Reply to opposition to motion to exclude evidence
`
`DUE DATE 7……………………………………..…..……………. July 14, 2014
`
`Oral argument (if requested)
`
`
`
`
`
`
`
`
`
`Request for oral argument
`
`5
`
`
`
`
`
`
`
`
`IPR2013-00381
`Patent 7,485,968
`
`For PETITIONER:
`Steven H. Slater
`Roger Knapp
`slater@slater-matsil.com
`knapp@slater-matsil.com
`
`For PATENT OWNER
`Scott A. McKeown
`Carl E. Schlier
`CPdocketMcKeown@oblon.com
`CPdocketSchlier@oblon.com
`
`
`
`6
`
`
`
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