Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`Paper 16
`
`
`
` Entered: January 13, 2014
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR CORPORATION
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC
`Patent Owner.
`
`
`Case IPR2013-00415
`Patent 7,650,210 B2
`
`
`
`Before JAMESON LEE, BARBARA A. PARVIS, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`
`PARVIS, Administrative Patent Judge.
`
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`Tel: 571-272-7822
`
`
`
`
`
`
`
`Paper 16
`
`
`
` Entered: January 13, 2014
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR CORPORATION
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC
`Patent Owner.
`
`
`Case IPR2013-00415
`Patent 7,650,210 B2
`
`
`
`Before JAMESON LEE, BARBARA A. PARVIS, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`
`PARVIS, Administrative Patent Judge.
`
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`Case IPR2013-00415
`Patent 7,650,210 B2
`
`
`A. DUE DATES
`This order sets due dates for the parties to take action after institution
`
`of the proceeding. 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 draft papers depending on the
`
`evidence and cross-examination testimony (see Section B, below).
`
`The parties are reminded that the Testimony Guidelines appended to
`
`the Office Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (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 attorneys’ fees
`
`incurred by any 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).
`
`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
`
`2
`
`
`
`Case IPR2013-00415
`Patent 7,650,210 B2
`
`owner is cautioned that any arguments for patentability not raised and fully
`
`briefed in the response will be deemed waived.
`
`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.
`
`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.
`
`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.
`
`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.
`
`6.
`
`DUE DATE 6
`
`Each party must file any reply for a motion to exclude evidence by DUE
`
`DATE 6.
`
`3
`
`
`
`Case IPR2013-00415
`Patent 7,650,210 B2
`
`7.
`
`DUE DATE 7
`
`The oral argument (if requested by either party) is set for DUE DATE 7.
`
`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.
`
`48,756, 48,768 (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
`
`4
`
`
`
`Case IPR2013-00415
`Patent 7,650,210 B2
`
`DUE DATE APPENDIX
`
`DUE DATE 1…………….…………………………….....March 17, 2014
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`DUE DATE 2……………………………………………..May 19, 2014
`
`Petitioner’s reply to patent owner response to petition
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3………………………………………..........June 19, 2014
`
`Patent owner’s reply to petitioner opposition to motion to amend
`
`DUE DATE 4…………………………………………......July 10, 2014
`
`Petitioner’s motion for observation regarding
`cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`DUE DATE 5………………………………………..……July 24, 2014
`
`Patent owner’s response to observation
`
`Opposition to motion to exclude
`
`DUE DATE 6…………………………………………......July 31, 2014
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7…………………………..…………………August 14, 2014
`
`Oral argument (if requested)
`
`
`
`
`
`5
`
`
`
`Case IPR2013-00415
`Patent 7,650,210 B2
`
`
`
`For PETITIONER:
`
`A. Antony Pfeffer
`Thomas R. Makin
`KENYON & KENYON LLP
`apfeffer@kenyon.com
`tmakin@kenyon.com
`ptab@kenyon.com
`
`
`For PATENT OWNER:
`
`Thomas J. Wimbiscus
`Scott P. McBride
`MCANDREWS HELD & MALLOY, LTD.
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`
`
`
`
`6
`
`
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