Trials@uspto.gov
`571-272-7822
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` Paper 10
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`Entered: February 11, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`RAYMARINE, INC.
`Petitioner
`
`v.
`
`NAVICO HOLDING AS
`Patent Owner
`
`
`
`Case IPR2013-00497
`Patent 8,305,840
`
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and
`BRYAN F. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
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`
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`SCHEDULING ORDER
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`571-272-7822
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`
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` Paper 10
`
`
`Entered: February 11, 2014
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`RAYMARINE, INC.
`Petitioner
`
`v.
`
`NAVICO HOLDING AS
`Patent Owner
`
`
`
`Case IPR2013-00497
`Patent 8,305,840
`
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and
`BRYAN F. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`Case IPR2013-00497
`Patent 8,305,840
`
`A. DUE DATES
`
`This order sets due dates for the parties to take action in this trial. 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).
`
`The parties are reminded that the Testimony Guidelines appended to the
`Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012) (Appendix D),
`apply to this trial. 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
`
`2
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`
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`Case IPR2013-00497
`Patent 8,305,840
`
`conference call with the parties and the Board. The patent owner is cautioned that
`any arguments for patentability not raised and fully briefed in the response will be
`deemed waived.
`
`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.
`
`3. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to the patent
`owner’s motion to amend by DUE DATE 3.
`
`4. DUE DATE 4
`a. Each party must file any motion for an observation on the cross-examination
`testimony of a reply witness (see Section C) 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.
`
` 5. DUE DATE 5
`a. Each party must file any reply to an 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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`3
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`Case IPR2013-00497
`Patent 8,305,840
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`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by DUE DATE 6.
`
`7. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE DATE 7.
`
`B. CROSS-EXAMINATION
`
`Except as the parties might otherwise agree, for each due date—
`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.
`
`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`A motion for observation on cross-examination provides the parties 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 opposing party may
`respond to the observation. Any response must be equally concise and specific.
`
`4
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`Case IPR2013-00497
`Patent 8,305,840
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`DUE DATE APPENDIX
`DUE DATE 1…………….…………………………………….…May 12, 2014
`
`Patent owner’s response to the petition
`
`
`Patent owner’s motion to amend the patent
`DUE DATE 2………………………………………………….August 11, 2014
`
`Petitioner’s reply to patent owner response to petition
`
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3………………………………………………September 11, 2014
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`Patent owner’s reply to petitioner opposition to motion to amend
`DUE DATE 4…………………………………………………..October 2, 2014
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`
`
`Request for oral argument
`
`DUE DATE 5…………………………………………………October 16, 2014
`
`Response to observation
`
`Opposition to motion to exclude
`DUE DATE 6………………………………………………....October 23, 2014
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7…………………………………………….…November 6, 2014
`Oral argument (if requested)
`
`
`
`
`
`5
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`
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`Case IPR2013-00497
`Patent 8,305,840
`
`For PETITIONER:
`
`
`David L. McCombs
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`
`
`For PATENT OWNER:
`
`
`Michael D. McCoy
`ALSTON & BIRD LLP
`Bank of America Plaza
`101 South Tryon Street, Suite 4000
`Charlotte, NC 28280-4000
`
`
`
`
`6
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`
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