`Tel: 571-272-7822
`
` Paper 9
`Entered: January 10, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TARGET CORPORATION
`Petitioner
`
`v.
`
`DESTINATION MATERNITY CORPORATION
`Patent Owner
`_______________
`
`Case IPR2013-00530 (Patent RE43,563 E)
`Case IPR2013-00531 (Patent RE43,563 E)
`Case IPR2013-00532 (Patent RE43,531 E)
`Case IPR2013-00533 (Patent RE43,531 E)1
`_______________
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`BISK, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 This Order addresses issues that are identical in the four cases. We therefore
`exercise our discretion to issue one Order to be filed in each case. The parties are
`not authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`Case IPR2013-00530 (Patent RE43,563 E)
`Case IPR2013-00531 (Patent RE43,563 E)
`Case IPR2013-00532 (Patent RE43,531 E)
`Case IPR2013-00533 (Patent RE43,531 E)
`
`A conference call with the Board was held at 2:00 pm Eastern Time on
`January 9, 2014 between respective counsel for the parties and Judges Bisk and
`Weatherly. Petitioner requested the call to discuss patent owner’s submission of,
`and reliance on, excerpts of deposition testimony in its preliminary responses.
`That testimony was taken in a related litigation subsequent to the filing of the
`petition.
`On the call, petitioner requested permission to file additional excerpts from
`those deposition transcripts along with a reply. Patent Owner objected. Petitioner
`is authorized to file complete versions of the transcriptions of the depositions in
`question. However, no additional briefing will be permitted at this time.
`On the call, petitioner also brought to the Board’s attention a typo on
`page 49 of the petition in IPR2013-00532.
`Accordingly, it is
`ORDERED that Target Corporation is authorized to file complete versions
`of the depositions discussed in the call no later than January 17, 2014.
`
`2
`
`
`
`
`
`Case IPR2013-00530 (Patent RE43,563 E)
`Case IPR2013-00531 (Patent RE43,563 E)
`Case IPR2013-00532 (Patent RE43,531 E)
`Case IPR2013-00533 (Patent RE43,531 E)
`
`Petitioner:
`
`Norman Hedges
`Norman.hedges@faegrebd.com
`
`Trevor Carter
`Trevor.carter@faegrebd.com
`
`Daniel Lechleiter
`Daniel.lechleiter@faegrebd.com
`
`Patent Owner:
`
`Paul Taufer
`Paul.taufer@dlapapier.com
`
`
`
`
`3
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