`571-272-7822
`
`Paper 21
`Entered: April 2, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION
`Petitioner,
`
`v.
`
`ENFISH, LLC
`Patent Owner.
`____________
`
`Case IPR2013-00559 (Patent 6,163,775)
`Case IPR2013-00560 (Patent 6,163,775)
`Case IPR2013-00561 (Patent 6,163,775)
`Case IPR2013-00562 (Patent 6,151,604)
` Case IPR2013-00563 (Patent 6,151,604)1
`____________
`
`
`Before THOMAS L. GIANNETTI, BRYAN F. MOORE, SCOTT A. DANIELS,
`and BARBARA A. PARVIS, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`1 This decision addresses issues that are identical in the five cases. The parties are
`not authorized to use this heading style in their papers.
`
`
`
`
`
`IPR2013-00559 (Patent 6,163,775)
`IPR2013-00560 (Patent 6,163,775)
`IPR2013-00561 (Patent 6,163,775)
`IPR2013-00562 (Patent 6,151,604)
`IPR2013-00563 (Patent 6,151,604)
`
`
`The Board held an initial conference call in this proceeding on March 31,
`
`2014. The participants were counsel for the Petitioner and Patent Owner,
`respectively, and Administrative Patent Judges Thomas Giannetti, Bryan Moore,
`Scott Daniels, and Barbara Parvis. The following matters were discussed:
`
`1. Schedule
`Neither party has a problem with the current Scheduling Order. Patent Owner
`suggested revisiting the schedule should the motion for joinder, discussed below,
`be granted.
`
`2. Protective Order
`No protective order has been entered at this time. The parties may request entry of
`a protective order to cover certain information to be exchanged in discovery. The
`parties will confer and contact the Board should a protective order be necessary.
`
`3. Motions
`Both parties submitted lists of proposed motions. The following motions were
`discussed. No motions were authorized.
`
`A. Motion for Joinder – Petitioner plans to file an additional petition prior to
`April 4, 2014, and will seek joinder with certain of these proceedings. Patent
`Owner will have an opportunity to file a paper, separate from its preliminary
`response, opposing the motion. See 37 C.F.R. § 42.23.
`
`B. Motion to File Supplemental Information – Petitioner proposes to file as
`supplemental information an additional reference relating to the motivation to
`
`2
`
`
`
`
`
`
`IPR2013-00559 (Patent 6,163,775)
`IPR2013-00560 (Patent 6,163,775)
`IPR2013-00561 (Patent 6,163,775)
`IPR2013-00562 (Patent 6,151,604)
`IPR2013-00563 (Patent 6,151,604)
`
`
`combine references. Petitioner should confer with Patent Owner to determine if
`the motion is opposed. If it is not opposed, Petitioner is authorized to file a motion
`to supplement as described. Otherwise, Petitioner should arrange a conference
`with the Board to discuss the motion.
`
`C. Motion to Exclude Evidence – The Board provided guidance on motions
`to exclude evidence. Before filing such a motion, the party must serve a timely
`objection to the evidence. 37 C.F.R. § 42.64(b)(1). The party relying on the
`evidence may serve supplemental evidence in response. Id. § 42.64(b)(2). Neither
`the objection nor the supplemental evidence should be filed with the Board unless
`requested. In that connection, Patent Owner’s email to the Board on March 18,
`2014, attaching a “service copy” of objections to evidence in IPR2013-00563, is an
`unauthorized communication and will be disregarded by the Board. Such
`communications should be avoided in the future.
`
`D. Additional Discovery – The parties are going to confer about the use of
`certain discovery from the parallel district court proceeding.
`
`4. Settlement
`The parties had nothing to report.
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2013-00559 (Patent 6,163,775)
`IPR2013-00560 (Patent 6,163,775)
`IPR2013-00561 (Patent 6,163,775)
`IPR2013-00562 (Patent 6,151,604)
`IPR2013-00563 (Patent 6,151,604)
`
`FOR PETITIONER:
`Amy E. Simpson
`Chad Campbell
`Theodore Wimsatt
`PERKINS COIE LLP
`ASimpson@perkinscoie.com
`CCampbell@perkinscoie.com
`TWimsatt@perkinscoie.com
`
`FOR PATENT OWNER:
`
`Frank Pietrantonio
`Orion Armon
`COOLEY LLP
`fpietrantonio@cooley.com
`oarmon@cooley.com
`zpatdcdocketing@cooley.com
`
`
`
`
`4
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
