`571-272-7822
`
`Paper 9
`Date: January 23, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`RAYMARINE, INC.
`Petitioner
`
`v.
`
`NAVICO HOLDING AS
`Patent Owner
`_______________
`
`Case IPR2013-00496
`Patent 8,305,840 B2
`_______________
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and
`BRYAN F. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
` 37 C.F.R. § 42.5
`
`
`
`IPR2013-00496
`Patent 8,305,840 B2
`
`
`
`The initial conference call in related proceeding IPR 2013-00355 was held
`on January 9, 2014.1 Follow up calls were held on January 14 and 16, 2014.
`Counsel for Petitioner and Patent Owner participated in each call with Judges
`Medley, Easthom, and Moore.
`
`
`
`Motions
`In preparation for the initial call for the ‘355 proceeding, Patent Owner filed
`a list of proposed motions seeking authorization to file a motion to disqualify Mr.
`Klein and Mr. Stokes, and a motion to submit certain papers for in camera review.
`Paper 18. Patent Owner filed previously an objection to declarations of Mr. Klein
`and Mr. Stokes. Paper 16. Patent Owner indicated its proposed motion to
`disqualify Mr. Klein and Mr. Stokes was based on the arguments contained in the
`objection. Additionally, Patent Owner indicated its proposed motion for in camera
`review was related to the proposed motion to disqualify.
`Over the course of the calls, the parties reached an agreement which avoids
`filing motions to disqualify and for in camera review. Petitioner agreed to
`withdraw voluntarily Mr. Klein’s declaration and exclude him from further
`participation in IPR2013-00355, as well as related proceedings, IPR2013-00496
`and IPR2013-00497. Patent Owner agreed to voluntarily withdraw its objection to
`the declaration of Mr. Stokes and will not further seek authorization to file a
`motion to disqualify Mr. Stokes.
`The Board appreciates the parties’ cooperation to simplify the issues for
`trial. In the spirit of 37 C.F.R. § 42.1(b) and (c), the parties willingness to work
`
`
`1 All references in body of this paper are directed to IPR2013-00355, unless
`otherwise indicated. The order, that follows the body, applies to this proceeding,
`IPR2013-00496.
`
`2
`
`
`
`
`IPR2013-00496
`Patent 8,305,840 B2
`
`
`together to resolve these issues in a just, speedy, and inexpensive manner is to be
`commended.
`
`
`
`
`ORDER
`
`For the reasons given, it is
`ORDERED that the declaration of Mr. Klein is expunged from the record.
`
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2013-00496
`Patent 8,305,840 B2
`
`PETITIONER:
`
`David McCombs
`david.mccombs.ipr@haynesboone.com
`
`Julie Nickols
`julie.nickols.ipr@haynesboone.com
`
`Phillip Philbin
`phillip.philbin.ipr@haynesboone.com
`
`PATENT OWNER:
`
`Michael McCoy
`mike.mccoy@alston.com
`
`Kirk Bradley
`kirk.bradley@alston.com
`
`Donald Hill
`donald.hill@alston.com
`
`Patrick Kartes
`patrick.kartes@alston.com
`
`Christopher Douglas
`Christopher.Douglas@alston.com
`
`
`4
`
`
`
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