Paper 18
`Date: February 3, 2014
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`
`FACEBOOK, INC., LINKEDIN CORP., and TWITTER, INC.
`Petitioners
`
`v.
`
`SOFTWARE RIGHTS ARCHIVE, LLC
`Patent Owner
`_______________
`
`Case IPR2013-00480
`Patent 5,832,494
`_______________
`
`
`
`Before SALLY C. MEDLEY, CHRISTOPHER L. CRUMBLEY, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`Date: February 3, 2014
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`
`FACEBOOK, INC., LINKEDIN CORP., and TWITTER, INC.
`Petitioners
`
`v.
`
`SOFTWARE RIGHTS ARCHIVE, LLC
`Patent Owner
`_______________
`
`Case IPR2013-00480
`Patent 5,832,494
`_______________
`
`
`
`Before SALLY C. MEDLEY, CHRISTOPHER L. CRUMBLEY, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`
`IPR2013-00480
`Patent 5,832,494
`
`
`
`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 owner is cautioned that
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`any arguments for patentability not raised in the response will be deemed waived.
`
`2
`
`
`
`
`IPR2013-00480
`Patent 5,832,494
`
`2. DUE DATE 2
`
`
`
`
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`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
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`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.
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`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
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`a. The patent owner must file any reply to a petitioner observation on cross-
`
`examination testimony by DUE DATE 5.
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`b. Each party must file any opposition to a motion to exclude evidence by DUE
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`DATE 5.
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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 DATE 6.
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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.
`
`
`
`3
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`
`
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`IPR2013-00480
`Patent 5,832,494
`
`
`B. CROSS-EXAMINATION
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`
`
`
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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.
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`37 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 paper
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`in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`
`A motion for observation on cross-examination provides the petitioner with a
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`mechanism to draw the Board’s attention to relevant cross-examination testimony
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`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
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`observation must be a concise statement of the relevance of precisely identified
`
`testimony to a precisely identified argument or portion of an exhibit. Each
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`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
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`
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`IPR2013-00480
`Patent 5,832,494
`
`
`DUE DATE APPENDIX
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`
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`
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`DUE DATE 1 .......................................................................................... May 5, 2014
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`
`
`
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`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
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`
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`DUE DATE 2 ...................................................................................... August 5, 2014
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`
`
`
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`Petitioner’s reply to patent owner response to petition
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`
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`Petitioner’s opposition to motion to amend
`
`
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`DUE DATE 3 ................................................................................ September 5, 2014
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`
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4 .............................................................................. September 26, 2014
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`Petitioner’s motion for observation regarding
`cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`
`
`
`
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`
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`DUE DATE 5 ................................................................................... October 10, 2014
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`
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`Patent owner’s response to observation
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`Opposition to motion to exclude
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`
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`DUE DATE 6 ................................................................................... October 17, 2014
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`
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`Reply to opposition to motion to exclude
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`DUE DATE 7 ................................................................................... October 30, 2014
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`Oral argument (if requested)
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`
`
`
`
`5
`
`
`
`
`IPR2013-00480
`Patent 5,832,494
`
`
`FOR PETITIONERS:
`
`
`
`
`
`Heidi L. Keefe
`COOLEY, LLP
`ATTN: Heidi L. Keefe, Patent Docketing
`777 6th Street N.W., Suite 1100
`Washington, DC 20001
`hkeefe@cooley.com
`dcpatentdocketing@cooley.com.
`
`David Silbert
`KEKER & VAN NEST, LLP
`633 Battery Street
`San Francisco, CA 94111
`djs@kvn.com
`efiling@kvn.com
`
`FOR PATENT OWNER:
`
`Martin M. Zoltick
`Nancy J. Linck
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th
` St., N.W., Suite 800
`Washington, DC 20005
`mzoltick@rfem.com
`nlinck@rfem.com
`SRA-IPR@rfem.com
`
`
`
`6
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