`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TARGET CORPORATION
`Petitioner
`
`v.
`
`
` DESTINATION MATERNITY CORPORATION
` Patent Owner
`____________
`
`Case IPR2013-00533
`Patent RE043531
`____________
`
`Mailed: September 5, 2013
`
`Before PATRICK E. BAKER, Trial Paralegal
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`The petition for inter partes review in the above proceeding has been
`accorded the filing date of August 27, 2013.
`
`
`
`Case IPR2013-00533
`Patent RE043531
`
`
`Administrative Patent Judge Jennifer S. Bisk has been designated to
`manage the proceeding. 37 C.F.R. § 42.5.
`A review of the petition identified the following defect:
`
`
`Improper usages of claim charts: Claim charts
`should be presented in a readable format so that a reader
`(e.g., the patent owner or a deciding official) is able to locate
`the claim limitations and the relied-upon portions of the
`prior art quickly. Presenting claim limitations and prior
`art teachings in a single column format creates inefficiency
`and, at times, appears to circumvent the page limit set forth
`in 37 C.F.R. § 42.24. Claim limitations should be presented
`in a separate column (e.g., claim limitations in the left
`column and prior art teachings in the right column).
`
`Petitioner must correct the defect within FIVE BUSINESS DAYS
`from this notice. Failure to correct the defect may result in an order to show
`cause as to why the Board should institute the trial. No substantive changes
`(e.g., new grounds) may be made to the petition.
`Patent Owner may file a preliminary response to the petition no later
`than three months from the date of this notice. The preliminary response is
`limited to setting forth the reasons why the requested review should not be
`instituted. Patent Owner may also file an election to waive the preliminary
`response to expedite the proceeding. For more information, please consult
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`Patent Owner is advised of the requirement to submit mandatory
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`the petition.
`
`
`
`2
`
`
`
`Case IPR2013-00533
`Patent RE043531
`
`
`The parties are encouraged to use the heading on the first page of this
`Notice for all future filings in the proceeding.
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`counsel pro hac vice requires a showing of good cause. The parties are
`authorized to file motions for pro hac vice admission under 37 C.F.R. §
`42.10(c). Such motions shall be filed in accordance with the “Order --
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00010
`(MPT), a copy of which is available on the Board Web site under
`“Representative Orders, Decisions, and Notices.” Any motion for pro hac
`vice admission filed by the parties shall also indicate that the person sought
`to be admitted will be subject to the USPTO Rules of Professional Conduct.
`See Changes to Representation of Others Before the United States Patent and
`Trademark Office; Final Rule, 78 Fed. Reg. 20180 (Apr. 3, 2013) (effective
`May 3, 2013).
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`Patent Review Processing System (PRPS), accessible from the Board Web
`site at http://www.uspto.gov/PTAB.
`If there are any questions pertaining to this notice, please contact
`Patrick E. Baker at 571-272-6192 or the Patent Trial and Appeal Board at
`571-272-7822.
`
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2013-00533
`Patent RE043531
`
`PETITIONER:
`Norman Hedges
`Norman.Hedges@FaegreBD.com
`
`Trevor Carter
`Trevor.Carter@FaegreBD.com
`
`Daniel Lechleiter
`Daniel.Lechleiter@FaegreBD.com
`
`
`
`PATENT OWNER:
`Paul A. Taufer
`Michael L. Burns
`DLA Piper LLP (US)
`One Liberty Place
`1650 Market Street, Suite 4900
`Philadelphia, Pennsylvania 19103-7300
`
`
`
`4
`
`