3/24/2014
`
`Butamax Advanced Biofuels LLC v. Gevo, Inc.
`
`Teleconference
`
`Page 1
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________________________________
` BUTAMAX ADVANCED BIOFUELS LLC, )
` )
` PETITIONER, ) CASE NO.
` ) IPR2013-00539
` vs. )
` )
` GEVO, INC., )
` )
` PATENT OWNER. )
` _______________________________________)
`
` TRANSCRIPT OF PROCEEDINGS VIA TELECONFERENCE
` TAKEN MONDAY, MARCH 24, 2014
` LOS ANGELES, CALIFORNIA
`
` Reported by Audra E. Cramer, CSR No. 9901
`
` ____________________________________________________
` DIGITAL EVIDENCE GROUP
` 1726 M Street NW, Suite 1010
` Washington, DC 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2014
`
`202-232-0646
`
`fa7cdc08-f2fe-4181-bd65-2eba6d39a741
`
`BUTAMAX 1024
`
`

`

`3/24/2014
`
`Butamax Advanced Biofuels LLC v. Gevo, Inc.
`
`Teleconference
`
` on the line?
` THE REPORTER: Yes, Judge. This is Audra,
` A-u-d-r-a, Cramer, C-r-a-m-e-r.
` JUDGE CRUMBLEY: Okay. Thank you. And we
` would just ask -- I believe, Ms. Sterling, did you
` arrange for the reporter?
` MS. STERLING: We did, Your Honor.
` JUDGE CRUMBLEY: I would just ask that you
` provide a copy of the transcript to the Patent Owner as
` well as filed with the board.
` MS. STERLING: We will.
` JUDGE CRUMBLEY: Thank you.
` So let's get under way. I guess let's talk
` about the scheduling order first.
` Does either party have any issue with the dates
` that we had set in the scheduling order as of now?
` MS. STERLING: On behalf of the Petitioner,
` Your Honor, we have no dates that we think need to be
` changed. We're fine with the schedule as is.
` MR. VEITENHEIMER: The Patent Owner is fine as
` well, Your Honor.
` JUDGE CRUMBLEY: Okay. Now, I understand in
`Page 4
`
` the scheduling order you can stipulate to different
` dates for Due Dates 1 through 3 as long as you file a
` stipulation with the board. They may not be stipulated
` any later than Due Date 4. So if those dates need to be
` changed for some reason and you can agree to that, feel
` free to stipulate to those. But I'm glad to hear that
` we don't have any problems right now.
` Let's turn to the motions list that we asked
` that the parties file with the board. We don't have one
` from the Patent Owner.
` I take it that means, Ms. Sterling, you don't
` anticipate filing any motions at this point?
` MS. STERLING: Nothing over those that have
` already been authorized, Your Honor?
` JUDGE CRUMBLEY: Okay. Anything that you would
` like to discuss before I turn to the Patent Owner's
` motions list?
` MS. STERLING: We're all right now, Your Honor.
` JUDGE CRUMBLEY: All right. Then the
` Patent Owner's list has a possible motion to amend or
` cancel claims. I take it that means that you haven't
` decided whether you're going to be filing such a motion
`Page 5
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` TRANSCRIPT OF PROCEEDINGS TAKEN AT 12:03 P.M., MONDAY,
`
` MARCH 24, 2014, VIA TELEPHONE, BEFORE HON. JUDGE
`
` CHRISTOPHER CRUMBLEY AND AUDRA CRAMER, C.S.R. NO. 9901.
`
` APPEARANCES OF COUNSEL
`
` FOR THE PETITIONER:
`
` STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`
` Deborah Sterlin, PhD, Esquire
`
` 1100 New York Avenue NW
`
` Washington, DC 20005
`
` (202) 772-8501
`
` dsterlin@skgf.com
`
` FOR THE PATENTHOLDER:
`
` COOLEY LLP
`
` Erich Veitenheimer, Esquire
`
` Chris Holly, Esquire
`
` 1299 Pennsylvania Ave NW, Suite 700
`
` Washington, DC 20004
`
` (202) 842-7801
`
` eveitenheimer@cooley.com
`
`Page 2
`
` MONDAY, MARCH 24, 2014, 12:03 P.M.
`
` JUDGE CRUMBLEY: Good afternoon, everyone.
` This is Judge Crumbley. I have with me Judges Elluru
` and Begley. This is the initial conference call in
` IPR2013-00539.
` Do we have Counsel for Petitioner on the line?
` MS. STERLING: We do, Your Honor. This is
` Deborah Sterling from Sterne, Kessler, Goldstein & Fox.
` JUDGE CRUMBLEY: Okay. Anybody else for
` Petitioner?
` MS. STERLING: No.
` JUDGE CRUMBLEY: And do we have Counsel for
` Patent Owner?
` MR. VEITENHEIMER: You do. You have
` Erich Veitenheimer and Chris Holly.
` JUDGE CRUMBLEY: Spell your last name.
` MR. VEITENHEIMER: Sure. V as in "Victor"-e-i-
` t as in "Tom"-e-n-h as in "house"-e-i-m as in "mother"-
` e-r.
` JUDGE CRUMBLEY: Thank you.
` And I understand that there's a court reporter
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`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2014
`
`fa7cdc08-f2fe-4181-bd65-2eba6d39a741
`
`BUTAMAX 1024
`
`

`

`3/24/2014
`
`Butamax Advanced Biofuels LLC v. Gevo, Inc.
`
`Teleconference
`
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` at this time?
` MR. VEITENHEIMER: Yes, Your Honor, that's
` correct.
` JUDGE CRUMBLEY: Okay. In the event you
` determine you do want to file, I will just -- I'll just
` ask that you familiarize yourself with our rules
` regarding motions to amend claims, which is 42.121. And
` also there's some prior decisions of the board that
` discuss motions to amend and what's required. I'll ask
` that you study those closely, including the Idle Free
` decisions, which is Case 2012-00027. Paper 26 is an
` interim order in that case, and Paper 66 is the final
` written decision. You may also want to look at the
` Toyota case, which is 2013-00423, Paper 27.
` When you have had the chance to look all those
` over and you determine that you have something that you
` want to file and you have in mind the motions and the
` claims that you want to propose, we just ask that you
` come back to us and confer with us before filing so we
` can just walk you through the particular amendments that
` you're planning on proposing and just provide any
` additional guidance that you might need. So just call
`Page 6
`
` us -- or arrange for a conference call at that point,
` and we can satisfy that requirement.
` Is that understood?
` MR. VEITENHEIMER: Great. And what was the
` docketing number, Your Honor, for the first case?
` JUDGE CRUMBLEY: Sure. It's 2012-00027. The
` case is called IDLE FREE V. BERGSTROM.
` So anything else before we move on that we want
` to discuss about the motion to amend claims? Any
` questions you have at this time?
` MR. VEITENHEIMER: No, Your Honor.
` JUDGE CRUMBLEY: Okay. Anything else regarding
` motions that wasn't on your list?
` MR. VEITENHEIMER: Patent Owner has no further
` questions.
` JUDGE CRUMBLEY: Okay. I didn't see anything,
` obviously, about a protective order.
` Do the parties anticipate needing a protective
` order in the case?
` MS. STERLING: As for the Petitioner, not at
` this time, Your Honor.
` MR. VEITENHEIMER: For the Patent Owner, not at
`Page 7
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` this time either.
` JUDGE CRUMBLEY: Okay. If the need does arise,
` I'll direct your attention to the TRIAL PRACTICE GUIDE,
` specifically Appendix B, which is our default protective
` order. If you wish to depart from that order, you just
` need to identify in your motion how it departs from the
` protective order and provide us with a red line showing
` the comparison to the default so we can know what
` changes are being proposed.
` And, again, if you need to have a conference
` call with us regarding a protective order, we can do
` that, but usually we're very happy to have the parties
` agree on language if at all possible.
` MS. STERLING: Understood, Your Honor.
` JUDGE CRUMBLEY: Okay. I guess the last thing
` on my list here is to turn to the issue of Mr. Brown's
` withdrawal from representation of the Patent Owner.
` As I understand from the most recent e-mail
` that we have, Mr. Brown has agreed to withdraw; is that
` correct? I take it by him not being on the phone, that
` that's the case.
` MR. VEITENHEIMER: Yes, Your Honor. For the
`Page 8
`
` Patent Owner, Mr. Brown agreed to voluntarily withdraw.
` JUDGE CRUMBLEY: Okay. I think what we're
` going to do need to do in that case, Rule 42.10(e)
` requires board authorization for withdrawal of counsel.
` I actually need to see a written motion to withdraw from
` Mr. Brown. And then also, you know, if -- now, who's
` going to be taking over as lead counsel?
` MR. VEITENHEIMER: I am, Erich Veitenheimer.
` JUDGE CRUMBLEY: Okay. So what we'll need to
` see with the motion is also an updated designation of
` counsel.
` MR. VEITENHEIMER: Understood, Your Honor.
` JUDGE CRUMBLEY: And if your previous power of
` attorney doesn't cover you, then we will need an updated
` power of attorney as well.
` MR. VEITENHEIMER: I understand.
` JUDGE CRUMBLEY: And is there any objection to
` this motion? I obviously haven't seen it, but any
` objection to the withdrawal from the Petitioner?
` MS. STERLING: The Petitioner does not object
` to Mr. Brown's withdrawal.
` JUDGE CRUMBLEY: Okay. So if you can just
`Page 9
`Pages 6 to 9
`202-232-0646
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2014
`
`fa7cdc08-f2fe-4181-bd65-2eba6d39a741
`
`BUTAMAX 1024
`
`

`

`3/24/2014
`
`Butamax Advanced Biofuels LLC v. Gevo, Inc.
`
`Teleconference
`
` STATE OF CALIFORNIA )
` COUNTY OF LOS ANGELES ) SS.
`
` I, AUDRA E. CRAMER, C.S.R. No. 9901, in and for
` the State of California, do hereby certify:
` That said proceeding was taken down by me in
` shorthand at the time and place therein named, and
` thereafter reduced to typewriting under my direction,
` and the same is a true, correct and complete transcript
` of said proceeding;
` I further certify that I am not interested in the
` event of the action.
` Witness my hand this 24th day of March, 2014.
`
` _____________________
` Certified Shorthand
` Reporter for the
` State of California
`
`Page 12
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` go ahead and get something like that on file as soon as
` possible, we'll take care of it as quickly as we can and
` get counsel squared away.
` MR. VEITENHEIMER: Thank you.
` MS. STERLING: Thank you.
` JUDGE CRUMBLEY: Is there anything else that we
` need to discuss today?
` MS. STERLING: Petitioner has no further issues
` to discuss today, Your Honor.
` JUDGE CRUMBLEY: Okay. Patent Owner, anything?
` MR. VEITENHEIMER: No, Your Honor. But you
` would like to see that motion come from Mr. Brown; is
` that correct?
` JUDGE CRUMBLEY: He needs to file it because
` he's currently lead counsel, and he can provide his --
` you know, his request to withdraw, because, otherwise,
` you know, I don't know who it's coming from since you
` haven't actually made an appearance in this case. I'm
` actually letting it slide here on this call just because
` of the situation that we have, but, you know, he's the
` one that's authorized to appear on behalf of the
` Patent Owner. So he needs to file -- I mean, he's
`Page 10
`
` there, I assume, and he's just voluntarily withdrawing;
` correct?
` MR. VEITENHEIMER: Correct.
` JUDGE CRUMBLEY: So he can make the motion. He
` needs to make the motion.
` MR. VEITENHEIMER: Okay. Perfect.
` JUDGE CRUMBLEY: All right. Is there anything
` else from the Patent Owner?
` MR. VEITENHEIMER: No, Your Honor.
` JUDGE CRUMBLEY: Okay. All right. Well, then
` we will stand adjourned. Thank you for your time
` everyone.
` MR. VEITENHEIMER: Thank you.
` MS. STERLING: Thank you very much.
` (At 12:11 p.m., the proceedings
` were adjourned.)
`
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`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2014
`
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`202-232-0646
`
`fa7cdc08-f2fe-4181-bd65-2eba6d39a741
`
`BUTAMAX 1024
`
`