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`Paper No. 31
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`TARGET CORPORATION
`Petitioner
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`v.
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`DESTINATION MATERNITY CORPORATION
`Patent Owner
`_____________
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`Case No. IPR2013-00533
`U.S. Patent No. RE43,531
`_____________
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`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
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`STIPULATED NOTICE
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`US.54364786.01
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`As authorized in the Scheduling Orders entered in the above-captioned matter,
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`the parties hereby stipulate and agree to adjust and extend the Scheduling Orders’ Due
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`Date 2 from July 14, 2014 to July 25, 2014 and Due Date 3 from August 12, 2014 to
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`August 15, 2014. The modest extension of Due Date 2 will allow for the deposition of
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`Mr. Brookstein, one of Patent Owner’s declarants, prior to Due Date 2; Mr. Brookstein
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`is not available for a deposition until July 16, 2014. Additionally, the Board has yet to
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`rule on DMC’s Motions to File Supplemental Information, and the depositions of
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`experts “should ordinarily take place after any supplemental evidence relating to the
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`direct testimony has been filed,” pursuant to 37 C.F.R. § 42.53(d)(2). The slight
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`extension of Due Date 3 will allow Patent Owner three weeks to prepare its reply to
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`Petitioner’s opposition to Patent Owner’s motion to amend in IPR2013-00531.
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`Accordingly, the parties respectfully request the extensions of Due Dates 2 and
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`3. These short extensions will have minimal impact on the schedule. Petitioner
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`respectfully reserves its right to propose a further extension of Due Date 2 in the
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`above-captioned matter in the event that the Board decides Patent Owner’s Motion to
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`File Supplemental Information after June 23, 2014 or in the event that the Board
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`decides to institute trial in IPR2014-00508 and/or IPR2014-00509.
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`US.54364786.01
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`2
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`Dated: June 16, 2014
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`Respectfully submitted,
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`DLA PIPER LLP (US)
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`/s/ Paul Taufer
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`Paul A. Taufer (Reg. No. 35,703)
`Michael L. Burns (Reg. No. 57,593)
`DLA Piper LLP (US)
`One Liberty Place
`1650 Market Street, Suite 4900
`Philadelphia, PA 19103
`Phone: (215) 656-3385
`Facsimile: (215) 606-3385
`paul.taufer@dlapiper.com
`michael.burns@dlapiper.com
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`Stuart Pollack (Reg. No. 43,862)
`DLA Piper LLP (US)
`1251 Avenue of the Americas
`27th Floor
`New York, NY 10020-1104
`Phone: (212) 335-4964
`Facsimile: (212) 884-8464
`stuart.pollack@dlapiper.com
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`Attorneys for Patent Owner, Destination
`Maternity Corporation
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`US.54364786.01
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`FAEGRE BAKER DANIELS LLP
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` /s/ Daniel M. Lechleiter
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`Norman J. Hedges (Reg. No. 44,151)
`Trevor Carter (Reg. No. 40,549)
`Daniel M. Lechleiter (Reg. No. 58,254)
`Faegre Baker Daniels LLP
`300 N Meridian St. Suite 2700
`Indianapolis, IN 46204-1750
`Phone: (317) 237-0300
`Facsimile: (317) 237-1000
`norman.hedges@FaegreBD.com
`trevor.carter@FaegreBD.com
`daniel.lechleiter@FaegreBD.com
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`Attorneys for Petitioner, Target
`Corporation
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`3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that I caused a true and
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`correct copy of the foregoing document be served via e-mail, as a PDF file attachment,
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`on June 16, 2014 on the following:
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`Paul A. Taufer
`Michael L. Burns
`DLA PIPER LLP (US)
`One Liberty Place
`1650 Market Street, Suite 4900
`Philadelphia, Pennsylvania 19103-7300
`Telephone: 215-656-3385
`Facsimile: 215-606-3385
`Paul.Taufer@dlapiper.com
`Michael.Burns@dlapiper.com
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`Stuart Pollack
`DLA PIPER LLP (US)
`1251 Avenue of the Americas, 27th Fl.
`New York, NY 10020-1104
`Stuart.Pollack@dlapiper.com
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`Dated: June 16, 2014
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`By:
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`
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`/s/ Daniel M. Lechleiter
`Daniel M. Lechleiter
`FAEGRE BAKER DANIELS LLP
`300 N. Meridian St., Ste. 2700
`Indianapolis, IN 46204-1750
`Telephone: 317-237-0300
`Facsimile: 317-237-1000
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`US.54364786.01
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`4
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