`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`TOYOTA MOTOR CORPORATION
`
`Petitioner
`
`
`
`v.
`
`
`
`Patent of AMERICAN VEHICULAR SCIENCES LLC
`
`Patent Owner
`
`
`
`Patent No. 8,036,788
`
`Issue Date: October 11, 2011
`
`Title: VEHICLE DIAGNOSTIC OR PROGNOSTIC MESSAGE
`TRANSMISSION SYSTEMS AND METHODS
`
`
`
`PATENT OWNER’S LIST OF ANTICIPATED
`MOTIONS IN ADVANCE OF INITIAL CONFERENCE CALL
`
`Case No. IPR2013-00417
`
`
`
`
`
`
`
`
`
`
`
`In advance of the Initial Conference Call on February 3, 2014 at 2:30 p.m.,
`
`Patent Owner American Vehicular Sciences (“AVS”) submits the following list of
`
`motions that it anticipates filing during this trial. See Office Patent Trial Practice
`
`Guide, Fed. Reg. Vol. 77, No. 157 at 48765 (Aug. 14, 2012) and 37 C.F.R. §
`
`42.121. This listing is without prejudice to AVS’s right to seek authorization to
`
`bring additional motions as circumstances warrant. See Office Patent Trial
`
`Practice, Fed. Reg. Vol. 77, No. 157 at 48763 (Aug. 14, 2012).
`
`(1)
`
` Motion for Modification of Scheduling Order. AVS has contacted
`
`counsel for Petitioner Toyota Motor Corporation (“Toyota”) to potentially seek
`
`agreement for a joint motion to extend each of Due Dates 1-3 by one week each.
`
`See Paper 15, Scheduling Order (“The parties may stipulate to different dates for
`
`DUE DATES 1-3 (earlier or later, but no later than DUE DATE 4).”).
`
`(2) Motion for Discovery. The parties did not agree, prior to institution of
`
`the trial, to exchange of the initial disclosures set forth in the Office Patent Trial
`
`Practice Guide. Pursuant to 37 C.F.R. § 42.51(a)(2), AVS would move to seek
`
`discovery of such information. AVS may also move for additional discovery
`
`relating to secondary considerations.
`
`(3) Motion to Exclude under 37 C.F.R. § 42.64. The need for, and nature
`
`of, such a motion may be impacted by any supplemental evidence Toyota submits
`
`in response to AVS’s Objections to Evidence.
`
`
`
`1
`
`
`
`
`
`(4) Motion to Amend Claims under 37 C.F.R. § 42.121.
`
`(5) Motion to Substitute Lead and/or Back-Up Counsel within the same
`
`law firm.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /Thomas J. Wimbiscus/
`
`Thomas J. Wimbiscus
`
`Registration No. 36,059
`
`
`
`
`
`
`
`
`
`
`
`
`
`DATE: January 30, 2014
`
`
`
`
`
`
`
`
`
`MCANDREWS HELD & MALLOY, LTD.
`500 West Madison, 34th Floor
`Chicago, IL 60661
`Telephone: (312) 775-8000
`Facsimile: (312) 775-8100
`
`
`CUSTOMER NUMBER: 23446
`
`
`
`
`
`
`
`2
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that the PATENT OWNER’S LIST OF ANTICIPATED
`
`MOTIONS IN ADVANCE OF INITIAL CONFERENCE CALL in connection
`
`with Inter Partes Review Case IPR2013-00417 was served on this 30th day of
`
`January by electronic mail to the following:
`
`
`A. Antony Pfeffer
`apfeffer@kenyon.com
`Thomas R. Makin
`tmakin@kenyon.com
`ptab@kenyon.com
`Kenyon & Kenyon LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
`
`
`
`MCANDREWS HELD & MALLOY, LTD.
`
`
`
`
`
`
`
`Telephone: 312-775-8000
`
`
`
`Facsimile: 312-775-8100
`
`
`
`
`
`
`CUSTOMER NUMBER: 23446
`
`Date: January 30, 2014
`
`
`/Thomas J. Wimbiscus/
`Thomas J. Wimbiscus
`Registration No. 36,059
`
`
`
`
`
`
`
`
`
`
`3
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
