`571-272-7822
`
`
`
`
`
` Paper 80
`Entered: March 9, 2015
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TARGET CORPORATION,
`Petitioner,
`
`
`
`v.
`
`DESTINATION MATERNITY CORPORATION,
`Patent Owner.
`____________
`
`Cases IPR2013-00531 (Patent RE43,563 E)1
`IPR2013-00533 (Patent RE43,531 E)2
`____________
`
`Before LORA M. GREEN, JONI Y. CHANG, THOMAS L. GIANNETTI,
`JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`ORDER3
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Case IPR2014-00508 has been joined with this proceeding.
`2 Case IPR2014-00509 has been joined with this proceeding.
`3 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.
`
`
`
`
`
`IPR2013-00531 (Patent RE43,563 E)
`IPR2013-00533 (Patent RE43,531 E)
`
`
`
`A conference call was held on Monday, March 2, 2015, among
`
`Michael Burns and Stuart Pollack, representing Patent Owner; Trevor Carter
`
`and Daniel Lechleiter, representing Petitioner; and Judges Green, Chang,
`
`Giannetti, Bisk, Fitzpatrick, and Weatherly.
`
`
`
`The purpose of the call was to establish DUE DATES for the joined
`
`proceedings, to allow for the schedule of the joined proceedings to be
`
`expedited. By e-mail dated February 26, 2015, the parties stated that they
`
`had agreed to DUE DATES 1 and 2, with DUE DATE 1 being April 10,
`
`2015, and DUE DATE 2 being June 10, 2015. The parties noted further in
`
`the e-mail that they may request a telephonic status conference with the
`
`Board on or after June 17, 2015, to discuss whether additional due dates
`
`would be necessary.
`
`
`
`In response, we noted that any oral hearing in the proceedings, if
`
`requested, would be held no later than six (6) moths after institution, which
`
`would be on or about August 14, 2015. We do not disagree with the parties’
`
`suggested DUE DATES 1 and 2, but noted that any additional motions that a
`
`party may wish to file, as well as any associated oppositions and replies,
`
`would have to be filed before a possible oral hearing date of August 14,
`
`2015.
`
`
`
`In that regard, we note that both Patent Owner and Petitioner filed a
`
`list of proposed motions. Papers 83 and 82, respectively, in IPR2013-
`
`00531.4 Patent Owner listed only a possible motion to seal, while Petitioner
`
`listed a possible motion to exclude evidence, which would implicate the
`
`
`4 The lists of proposed motions filed by the parties in IPR2014-00533 were
`essentially the same as those filed in IPR2013-00531. See Papers 79 and 78
`in IPR2013-00531.
`
`
`
`2
`
`
`
`IPR2013-00531 (Patent RE43,563 E)
`IPR2013-00533 (Patent RE43,531 E)
`
`possibility of a need for DUE DATES 4, 5, and 6. Patent Owner did state,
`
`however, that it was not going to file a motion to amend, thus obviating any
`
`need for DUE DATE 3.
`
`
`
`Finally, we informed the parties that if they request an oral hearing to
`
`be held in Alexandria, they should let us know as soon as possible dates on
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`which they may be available for that hearing, in order to coordinate the
`
`schedules of the expanded panel and the availability of the hearing room.
`
`The parties may wish to consider a telephonic hearing, as any oral hearing
`
`would be limited to a discussion of the claims and grounds on which the
`
`joined proceedings were instituted.
`
`
`
`
`
`It is:
`
`ORDERED, that DUE DATE 1, which is the due date of Patent
`
`Owner’s response to the petition, is set to APRIL 10, 2015;
`
`
`
`FURTHER ORDERED, that DUE DATE 2, which is the due date of
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`Petitioner’s reply to Patent Owner’s response to the petition, is set to JUNE
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`10, 2015;
`
`
`
`FURTHER ORDERED, that the parties should contact the Board if
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`additional due dates are needed;
`
`FURTHER ORDERED that oral hearing, if requested, will be held no
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`later than AUGUST 14, 2015.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2013-00531 (Patent RE43,563 E)
`IPR2013-00533 (Patent RE43,531 E)
`
`
`
`
`For Petitioner:
`
`R. Trevor Carter
`Daniel Lechleiter
`FAEGRE BAKER DANIELS LLP
`Trevor.Carter@FaegreBD.com
`Daniel.Lechleiter.PTAB@FaegreBD.com
`
`For Patent Owner:
`
`Paul Taufer
`Michael Burns
`Stuart Pollack
`DLA PIPER LLP (US)
`Paul.taufer@dlapiper.com
`Michael.burns@dlapiper.com
`stuart.pollack@dlapiper.com
`
`
`
`4
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