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`Paper No. 14
`Date: March 11, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TARGET CORPORATION,
`Petitioner
`v.
`
`DESTINATION MATERNITY CORPORATION,
`Patent Owner
`
`Case IPR2013-00533
`Patent RE43,531 E
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
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`NOTICE OF PROPOSED MOTIONS
`BY PETITIONER TARGET CORPORATION
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`In accordance with the Office Patent Trial Practice Guide, 77 Fed. Reg.
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`48756, 48765-66 (Aug. 14, 2012), Petitioner Target Corporation (“Petitioner”)
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`submits the following list of proposed motions it currently is considering filing.
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`This list is provided without prejudice to Petitioner’s right to seek authorization to
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`file additional motions or to decide not to file the motions listed.1 An initial
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`conference call with the Board is scheduled for Thursday, March 13, 2014, at 1:00
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`p.m. E.T. Petitioner’s proposed motions are as follows:
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`1.
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`A possible motion regarding a revised scheduling order pursuant to 37
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`C.F.R. § 42.51;
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`2.
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`A motion to exclude evidence pursuant to 37 C.F.R. § 42.64(c) based
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`on the grounds set forth in Petitioner’s Objections to Exhibits Pursuant to 37
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`C.F.R. § 42.64(b)(1), which Petitioner served on Patent Owner on March 3, 2014;
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`3.
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`A motion to submit supplemental information under 37 C.F.R. §
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`42.123 related to, for example, some or all of the exhibits pertaining to the
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`deposition transcripts filed in this proceeding on January 10, 2014 pursuant to the
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`Board’s Order of the same date, as well as other transcripts of depositions and
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`associated exhibits created during the course of the concurrent litigation involving
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`1 “Submission of a list [of proposed motions] would not preclude the filing of
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`additional motions not contained in the list.” Office Patent Trial Practice
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`Guide, 77 Fed. Reg. 48756, 48765.
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`dms.us.53816094.01
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`2
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`
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`the challenged patent, Destination Maternity Corp. v. Target Corp., et al., Case
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`No. 2:12-cv-5680-AB, pending in the U.S. District Court for the Eastern District of
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`Pennsylvania;
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`4.
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`A possible motion to seal and/or for a protective order regarding
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`confidential information pursuant to 37 C.F.R. §§ 42.14, 42.54, and 42.55;
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`5.
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`6.
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`A motion requesting an oral hearing pursuant to 37 C.F.R. § 42.70(a);
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`A possible motion for discovery or for additional discovery pursuant
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`to 37 C.F.R. § 42.51; and
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`7.
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`A possible motion seeking to consolidate the present proceeding,
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`pursuant to 37 C.F.R. § 42.122(a), with the related proceeding pertaining to the
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`challenged patent (IPR2013-00532), which the Board instituted on the same date
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`as the present proceeding.
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`Further, Petitioner notes that it intends to file an additional petition seeking
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`inter partes review of claims of the challenged patent, along with a motion for
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`joinder, pursuant to 37 C.F.R. § 42.122(b), seeking to join the additional petition
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`with the present proceeding. Petitioner first informed Patent Owner of Petitioner’s
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`additional petition and associated motion for joinder by telephone and e-mail
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`correspondence on February 27, 2014.
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`3
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`dms.us.53816094.01
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`FAEGRE BAKER DANIELS LLP
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`Dated: March 11, 2014
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`By:
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`Faegre Baker Daniels LLP
`300 N. Meridian St. Suite 2700
`Indianapolis, IN 46204-1750
`Telephone: 317-237-0300
`Facsimile: 317-237-1000
`E-mail: norman.hedges@faegrebd.com
`
`trevor.carter@faegrebd.com
`
`daniel.lechleiter@faegrebd.com
`
`
`
` /s/ Norman J. Hedges
`Norman J. Hedges
`Reg. No. 44,151
`Lead Counsel for Petitioner
`
`
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`dms.us.53816094.01
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`4
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.105, I hereby certify that I caused a true and
`correct copy of the foregoing Notice of Proposed Motions by Petitioner Target
`Corporation to be served via email on March 11, 2014 on the foregoing:
`
`Paul A. Taufer
`Michael L. Burns
`DLA PIPER LLP (US)
`One Liberty Place
`1650 Market Street, Suite 4900
`Philadelphia, Pennsylvania 19103
`paul.taufer@dlapiper.com
`michael.burns@dlapiper.com
`
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`FAEGRE BAKER DANIELS LLP
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`
`
`/s/ Norman J. Hedges
`Norman J. Hedges
`Reg. No. 44,151
`Lead Counsel for Petitioner
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`Dated: March 11, 2014
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`
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`
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`By:
`
`
`Faegre Baker Daniels LLP
`300 N. Meridian St. Suite 2700
`Indianapolis, IN 46204-1750
`Telephone: 317-237-0300
`Facsimile: 317-237-1000
`E-mail: norman.hedges@faegrebd.com
`
`trevor.carter@faegrebd.com
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`daniel.lechleiter@faegrebd.com
`
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`dms.us.53816094.01
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`5
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`
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