`Date: January 13, 2014
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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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`TOYOTA MOTOR CORPORATION,
`Petitioner
`
`v.
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`AMERICAN VEHICULAR SCIENCES LLC,
`Patent Owner.
`_______________
`
`Case IPR2013-00417
`Patent 8,036,788 B2
`_______________
`
`
`Before JAMESON LEE, BARBARA A. PARVIS, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
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`SCHEDULING ORDER
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`IPR2013-00417
`Patent 8,036,788 B2
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`A. DUE DATES
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`This order sets due dates for the parties to take action after institution of the
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`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.
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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, below).
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`The parties are reminded that the Testimony Guidelines appended to the
`Office 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 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 cautioned that
`any arguments for patentability not raised in the response will be deemed waived.
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`2
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`IPR2013-00417
`Patent 8,036,788 B2
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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 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, below) 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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`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
`The oral argument (if requested by either party) is set for DUE DATE 7.
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`B. CROSS-EXAMINATION
`Except as the parties might otherwise agree, for each due date—
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`3
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`IPR2013-00417
`Patent 8,036,788 B2
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`
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`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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`
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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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`IPR2013-00417
`Patent 8,036,788 B2
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`DUE DATE APPENDIX
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`DUE DATE 1…………………………………………………March 17, 2014
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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…………………………………………………. May 19, 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………………………………………………… June 19, 2014
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4………………………………………………… July 10, 2014
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`Petitioner’s motion for observation regarding
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`cross-examination of reply witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5………………………………………………… July 24, 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………………………………………………… July 31, 2014
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`Reply to opposition to motion to exclude
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`5
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`IPR2013-00417
`Patent 8,036,788 B2
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`DUE DATE 7………………………………………………… August 14, 2014
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`Oral argument (if requested)
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`FOR PETITONER:
`
`A. Antony Pfeffer
`Thomas R. Makin
`KENYON & KENYON LLP
`apfeffer@kenyon.com
`tmakin@kenyon.com
`ptab@kenyon.com
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`
`FOR PATENT OWNER:
`
`Thomas J. Wimbiscus
`Scott P. McBride
`MCANDREWS HELD & MALLOY, LTD.
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`AVS-IPR@mcandrews-ip.com
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`6
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