Trials@uspto.gov
`571-272-7822
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` Paper 14
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` Entered: February 12, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`COMSCORE, INC.
`Petitioner
`
`v.
`
`MOAT, INC.
`Patent Owner
`
`
`
`Case IPR2013-00503
`Patent 6,963,826
`
`
`
`Before THOMAS L. GIANNETTI, TRENTON A. WARD, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`CLEMENTS, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`
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`
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`571-272-7822
`
`
`
`
`
`
`
`
` Paper 14
`
` Entered: February 12, 2014
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`COMSCORE, INC.
`Petitioner
`
`v.
`
`MOAT, INC.
`Patent Owner
`
`
`
`Case IPR2013-00503
`Patent 6,963,826
`
`
`
`Before THOMAS L. GIANNETTI, TRENTON A. WARD, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`CLEMENTS, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`
`
`
`Case IPR2013-00503
`Patent 6,963,826
`
`A. DUE DATES
`
`This order sets due dates for the parties to take action in this trial. The
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`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 Patent 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
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`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
`
`2
`
`
`
`Case IPR2013-00503
`Patent 6,963,826
`
`owner must arrange a conference call with the parties and the Board. The
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`patent owner is cautioned that any arguments for patentability not raised in
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`the response will be deemed waived.
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`2. DUE DATE 2
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`The petitioner must file any reply to the patent owner’s response and
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`opposition to the motion to amend by DUE DATE 2.
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`3. DUE DATE 3
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`The patent owner must file any reply to the petitioner’s opposition to
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`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-
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`examination testimony of a reply witness (see section C, below) by DUE
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`DATE 4.
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`b. Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
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`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
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`cross-examination testimony by DUE DATE 5.
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`b. Each party must file any opposition to a motion to exclude evidence
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`by DUE DATE 5.
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`3
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`
`
`Case IPR2013-00503
`Patent 6,963,826
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`6. DUE DATE 6
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`Each party must file any reply in support of a motion to exclude
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`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
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`7.
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`B. CROSS-EXAMINATION
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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
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`for any paper in which the cross-examination testimony is expected to be
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`used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the petitioner
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`with a mechanism to draw the Board’s attention to relevant cross-
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`examination testimony of a reply witness, since no further substantive paper
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`is permitted after the reply. See Office Patent Trial Practice Guide, 77 Fed.
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`Reg. 48756, 48768 (Aug. 14, 2012). The observation must be a concise
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`statement of the relevance of precisely identified testimony to a precisely
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`identified argument or portion of an exhibit. Each observation should not
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`exceed a single, short paragraph. The patent owner may respond to the
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`observation. Any response must be equally concise and specific.
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`4
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`
`
`Case IPR2013-00503
`Patent 6,963,826
`
`DUE DATE APPENDIX
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`DUE DATE 1 .............................................................................. May 12, 2014
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
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`
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`DUE DATE 2 .......................................................................... August 11, 2014
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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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`
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`DUE DATE 3 .................................................................... September 10, 2014
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`Patent owner’s reply to petitioner opposition to motion to
`amend
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`DUE DATE 4 .......................................................................... October 1, 2014
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`Petitioner’s motion for observation regarding
`cross-examination of reply witness
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`Motion to exclude evidence
`
`Request for oral argument
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`DUE DATE 5 ........................................................................ October 15, 2014
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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 22, 2014
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`Reply to opposition to motion to exclude
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`DUE DATE 7 ........................................................................ October 29, 2014
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`Oral argument (if requested)
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`
`
`5
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`
`
`Case IPR2013-00503
`Patent 6,963,826
`
`For PETITIONER:
`
`W. Karl Renner
`Kevin E. Greene
`FISH & RICHARDSON P.C.
`axf@fr.com
`greene@fr.com
`
`
`
`For PATENT OWNER
`
`Louis J. DelJuidice
`Phoenix S. Pak
`TROUTMAN SANDERS LLP
`louis.deljuidice@troutmansanders.com
`phoenix.pak@troutmansanders.com
`
`
`6
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