`
`
` Paper 38
`
`
` Entered: August 18, 2014
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`FACEBOOK, INC., LINKEDIN CORP., and TWITTER, INC.,
`Petitioner,
`
`v.
`
`SOFTWARE RIGHTS ARCHIVE, LLC,
`Patent Owner.
`____________
`
`Cases IPR2013-00478 (Patent 5,544,352)
`IPR2013-00479 (Patent 5,832,494)
`IPR2013-00480 (Patent 5,832,494)
`IPR2013-00481 (Patent 6,233,571)
`____________
`
`Before JAMESON LEE and BARBARA A. PARVIS,
`Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`IPR2013-00478 (Patent 5,544,352)
`IPR2013-00479, -00480 (Patent 5,832,494)
`IPR2013-00481 (Patent 6,233,571)
`
`
`On August 15, 2014, during cross-examination of Dr. Amy Langville
`by counsel for Petitioner, counsel for Patent Owner instructed the witness
`not to reveal certain confidential information because counsel for Petitioner
`has not signed the appropriate Protective Order. Counsel for Petitioner
`initiated a conference call with the Board to seek an order compelling the
`witness to answer, without revealing confidential information, and to ask for
`additional time for cross-examination because of undue interference from
`opposing counsel. Judges Parvis and Lee participated in the conference call.
` During the conference call, counsel for the parties resolved their
`dispute as to the questions posed to the witness by agreeing to a certain
`format for those questions. No assistance from the Board was necessary. In
`light of the agreement reached by the parties, we declined to authorize
`additional time for cross-examination. We indicated, however, that counsel
`for Petitioner may renew the request if the cross-examination will not be
`completed within the scheduled time period.
`We remind the parties of the guidelines regarding cross-examination
`as set forth in the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`48,772–73 App. D (Aug. 14, 2012). An objection must be stated concisely.
`Order
`
`It is
`ORDERED that no additional time for the cross-examination of
`Dr. Amy Langville is authorized at this time.
`
`
`
`
`
`2
`
`
`
`IPR2013-00478 (Patent 5,544,352)
`IPR2013-00479, -00480 (Patent 5,832,494)
`IPR2013-00481 (Patent 6,233,571)
`
`
`FOR PETITIONERS:
`
`Heidi L. Keefe
`COOLEY, LLP
`hkeefe@cooley.com
`dcpatentdocketing@cooley.com
`
`David Silbert
`KEKER & VAN NEST, LLP
`djs@kvn.com
`efiling@kvn.com
`
`FOR PATENT OWNER:
`
`Martin M. Zoltick
`Nancy J. Linck
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`mzoltick@rfem.com
`nlinck@rfem.com
`SRA-IPR@rfem.com
`
`
`3
`
`
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