`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`
`
`TARGET CORPORATION,
`Petitioner,
`
`v.
`
`DESTINATION MATERNITY CORPORATION,
`Patent Owner.
`
`__________________
`
`Case IPR2013-005331
`Patent No. RE43,531 E
`__________________
`
`
`Filed: February 27, 2015
`
`
`Before MICHAEL P. TIERNEY, LORA M. GREEN, JONI Y. CHANG,
`THOMAS L. GIANNETTI, JENNIFER S. BISK,
`MICHAEL J. FITZPATRICK, and MITCHELL G. WEATHERLY,
`Administrative Patent Judges.
`
`
`
`PETITIONER’S NOTICE OF PROPOSED MOTIONS
`
`
`
`1 Case IPR2014-00509 has been joined with this proceeding.
`
`
`
`
`
`In accordance with the Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48756, 48765-66 (Aug. 14, 2012), Petitioner, Target Corporation (“Petitioner”),
`
`submits the following list of proposed motions it currently is considering filing in
`
`this proceeding. An initial conference call with the Board is scheduled for
`
`Monday, March 2, 2015, at 1:00 p.m. E.T.
`
`On February 26, 2015, the parties to this proceeding jointly submitted to the
`
`Board, by e-mail, a proposed expedited schedule to be discussed during the
`
`March 2 conference call. The parties’ proposal anticipates that, subject to the
`
`caveats stated in the parties’ e-mail, there will not be a need for any due dates
`
`beyond due date 2 (Petitioner’s reply to Patent Owner’s response to the petition).
`
`The parties’ proposal requests, however, that the Board set a telephonic status to
`
`occur shortly after due date 2 for the purpose of making a final determination, in
`
`light of the papers of record at that time, regarding whether any due dates beyond
`
`due date 2 will be necessary. Therefore, excluding at least item 4, below,
`
`Petitioner presently anticipates that it will pursue the motions proposed herein only
`
`in the event that the schedule in this proceeding ultimately includes any pertinent
`
`deadline(s) after due date 2.
`
`US.55823549.01
`
`-1-
`
`
`
`
`
`The following list is provided without prejudice to Petitioner’s right to seek
`
`authorization to file additional motions or to decide not to file the motions listed.2
`
`Petitioner’s proposed motions are as follows:
`
`1.
`
`A motion regarding a revised scheduling order pursuant to 37 C.F.R. §
`
`42.51;
`
`2.
`
`A motion to exclude evidence pursuant to 37 C.F.R. § 42.64(c) based
`
`on the grounds set forth in Petitioner’s Objections to Exhibits Pursuant to 37
`
`C.F.R. § 42.64(b)(1), which Petitioner served on Patent Owner on February 27.
`
`2015;
`
`3.
`
`A motion to submit supplemental information under 37 C.F.R. §
`
`42.123 related to, for example, some or all of the deposition transcripts, and the
`
`exhibits thereto, filed in any of the following related proceedings: IPR2013-00530,
`
`IPR2013-00531, and/or IPR2013-00532, as well as other transcripts of depositions
`
`and associated exhibits created during the course of the concurrent (but presently
`
`stayed) litigation involving the challenged patent, Destination Maternity Corp. v.
`
`Target Corp., et al., Case No. 2:12-cv-05680-AB, pending in the U.S. District
`
`Court for the Eastern District of Pennsylvania;
`
`2 “Submission of a list [of proposed motions] would not preclude the filing of
`
`additional motions not contained in the list.” Office Patent Trial Practice
`
`Guide, 77 Fed. Reg. 48756, 48765.
`
`US.55823549.01
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`-2-
`
`
`
`
`
`4.
`
`A motion to seal regarding confidential information pursuant to 37
`
`C.F.R. §§ 42.14 and 42.54;
`
`5.
`
`A motion requesting an oral hearing pursuant to 37 C.F.R. § 42.70(a);
`
`and
`
`6.
`
`A motion for discovery or for additional discovery pursuant to 37
`
`C.F.R. § 42.51.
`
`Dated: February 27, 2015
`
`By:
`
`/R. Trevor Carter/
`R. Trevor Carter (Reg. No. 40,549)
`
`
`
`US.55823549.01
`
`-3-
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that I caused a true and
`correct copy of the foregoing Petitioner’s Notice of Proposed Motions to be
`served via e-mail, as a PDF file attachment, on February 27, 2015, on the
`following:
`
`Paul A. Taufer
`Michael L. Burns
`DLA PIPER LLP (US)
`One Liberty Place
`1650 Market St., Ste. 4900
`Philadelphia, PA 19103-7300
`Telephone: (215) 656-3385
`Facsimile:
`(215) 606-3385
`Paul.Taufer@dlapiper.com
`Michael.Burns@dlapiper.com
`
`Stuart E. Pollack
`DLA PIPER LLP (US)
`1251 Avenue of the Americas
`27th Floor
`New York, NY 10020-1104
`Telephone: (212) 335-4964
`Facsimile:
`(212) 884-8464
`Stuart.Pollack@dlapiper.com
`
`
`Dated: February 27, 2015
`
`
`
`/R. Trevor Carter/
`R. Trevor Carter (Reg. No. 40,549)
`FAEGRE BAKER DANIELS LLP
`300 N. Meridian St., Ste. 2700
`Indianapolis, IN 46204-1750
`Telephone: 317-237-0300
`Facsimile: 317-237-1000
`Trevor.Carter@FaegreBD.com
`
`By:
`
`US.55823549.01
`
`
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