`571-272-7822
`
`
`
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` Paper 18
`Entered: April 22, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CONOPCO, INC. dba UNILEVER
`Petitioner,
`
`
`
`
`
`v.
`
`THE PROCTOR & GAMBLE COMPANY
`Patent Owner.
`____________
`
`Cases IPR2013-00505 (Patent 6,974,569 B2)
`IPR2013-00509 (Patent 6,451,300 B1)1
`____________
`
`Before LORA M. GREEN, GRACE KARAFFA OBERMANN, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 .F.R. § 42.5
`
`
`
`
`
`
`1 This order addresses issues that are the same in both cases. We exercise our
`discretion to issue one order to be filed in each case. The parties, however, are not
`authorized to use this style heading in subsequent papers.
`
`
`
`
`Case IPR2013-00505 (Patent 6,974,569 B2)
`IPR2013-00509 (Patent 6,451,300 B1)
`
`
`Conference calls were held on April 10, 2014, and on April 21, 2014,
`between Eldora Ellison, counsel for Petitioner; David Maiorana, counsel for Patent
`Owner; and Lora Green, Grace Obermann, and Rama Elluru, Administrative Patent
`Judges. A court reporter was present on both calls, and transcripts are to be filed in
`due course by Petitioner as exhibits.2 The purpose of the calls was to discuss
`adjusting the scheduling orders in both IPR2013-00505 and IPR-00509.
`
`Specifically, in the conference call held on April 10, 2014, Patent Owner
`noted that Petitioner had filed a Motion for Joinder in IPR2014-00506, to join that
`case with IPR2013-00505 (IPR2014-00506, Paper 4); and had also filed a Motion
`for Joinder in IPR2014-00507, to join that case with IPR2013-00509 (IPR2014-
`00507, Paper 3). Patent Owner proposed a schedule that would move the hearing
`date from November 7, 2014 to December 30, 2014. Patent Owner noted that the
`December 30 hearing date should still give the panel sufficient time to issue a final
`decision within the one year statutory deadline in the instant cases in the event that
`IPR2013-00505 and IPR2013-00509 are not joined with IPR2014-00506 and
`IPR2014-00507, respectively. Patent Owner noted that adjusting the schedule
`would allow for a single deposition of witnesses, thus meeting the Board’s goal in
`securing the just, speedy, and inexpensive resolution of every proceeding. 37
`C.F.R. 42.1(b).
`
`After conferring, the panel suggested that the parties meet and confer to
`arrive at an adjustment to the scheduling orders that would be mutually acceptable.
`The panel also noted that it would prefer not to move the hearing date seven and
`half weeks later than the current date of November 7, 2014, as proposed by Patent
`
`
`2 This order summarizes the statements made during the conference calls. A more
`detailed record may be found in the transcripts.
`
`
`
`2
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`
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`Case IPR2013-00505 (Patent 6,974,569 B2)
`IPR2013-00509 (Patent 6,451,300 B1)
`
`Owner. The panel authorized the parties to file a joint motion to adjust the
`scheduling orders in each of IPR2013-00505 and IPR2013-00509.
`
`A second call was held on April 21, 2014, to further discuss the joint
`motion(s) to adjust the scheduling orders to be filed in IPR2013-00505 and
`IPR2013-00509. The panel noted that the parties should file a joint motion to
`adjust the scheduling order in each case, as opposed to filing a single motion that
`would apply to both cases.
`In consideration of the foregoing, it is hereby:
`ORDERED, that the parties are authorized to file a joint motion to adjust the
`
`scheduling order in each of IPR2013-00505 and IPR2013-00509; and
`
`FURTHER ORDERD, that the joint motions are to be filed no later than
`May 2, 2014.
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`3
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`
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`Case IPR2013-00505 (Patent 6,974,569 B2)
`IPR2013-00509 (Patent 6,451,300 B1)
`
`
`For Petitioner:
`
`Eldora Ellison
`eellison@skgf.com
`
`Robert Sterne
`rsterne-PTAB@skgf.com
`
`
`For Patent Owner:
`
`David Maiorana
`dmaiorana@JonesDay.com
`
`John Biernacki
`jvbiernacki@jonesday.com
`
`Michael Weinstein
`msweinstein@jonesday.com
`
`Steven Miller
`miller.sw@pg.com
`
`Kim Zerby
`zerby.kw@pg.com
`
`Carl Roof
`roof.cj@pg.com
`
`Angela Haughey
`haughey.a@pg.com
`
`Calvin Griffith
`cpgriffith@jonesday.com
`
`
`
`
`4
`
`
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