`
`571-272-7822
`Date Entered: July 9, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WINTEK CORPORATION,
`Petitioner,
`v.
`
`TPK TOUCH SOLUTIONS,
`Patent Owner.
`____________
`
`Case IPR2013-00567
`Case IPR2014-005411
`Case IPR2013-005682
`Patent 8,217,902
`____________
`
`Before TONI R. SCHEINER, JOSIAH C. COCKS, and RICHARD E. RICE,
`Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 IPR2014-00541 has been joined with IPR2013-00567. See IPR2013-00567,
`Paper 23.
`
` 2
`
` This Order addresses matters pertaining to all identified proceedings. Therefore,
`we exercise our discretion to issue one Order to be filed in each of IPR2013-00567
`and IPR2013-00568. The parties are not authorized to use this style heading for
`any subsequent papers.
`
`
`
`
`
`Cases IPR2013-00567; IPR2013-00568; IPR2014-00541
`Patent 8,217,902
`
`
`1. Introduction
`
`
`
`Patent Owner, TPK Touch Solutions Inc. (“TPK”), contacted Board
`
`personnel concerning two matters of the involved proceedings. First, TPK
`
`informed the Board that the parties have conferred and reached agreement as to the
`
`Protective Orders submitted in IPR2013-00567 (Exhibit 2024 (clean) and Exhibit
`
`2025 (marked-up)) and IPR2013-00568 (Exhibit 2024 (clean) and Exhibit 2025
`
`(marked-up)). Second, TPK informed the Board that certain Exhibits in both cases
`
`were submitted to the Board’s Patent Review Processing System (“PRPS”) a few
`
`minutes after midnight of the June 27, 2014 deadline3 due to technical difficulties
`
`of the PRPS system, as well as TPK’s own computer system. TPK requested that
`
`the Board regard the pertinent Exhibits as having been filed timely, and
`
`represented that Petitioner, Wintek Corporation, (“Wintek”), had no objection to
`
`the request.
`
`
`
`In inquiring about the two above-noted matters, TPK indicated that it was
`
`available for a conference call with the Board.
`
`2. Discussion
`
`
`
`The panel has determined that no conference call is necessary at this time
`
`regarding the above-noted matters. We understand that the proposed Protective
`
`Orders in IPR2013-00567 (Exhibit 2024) and IPR2013-00568 (Exhibit 2024)
`
`deviate from the default Standing Protective Order (see Office Trial Practice
`
`Guide, 77 Fed. Reg. 48,756, App. B (Aug. 14, 2012)), but the Protective Orders are
`
`
`3 DUE DATE 1 (see Notice of Stipulation to Adjust Schedule, IPR2013-00567,
`Paper 24 and IPR2013-00568, Paper 25).
`
`
`
`
`2
`
`
`
`Cases IPR2013-00567; IPR2013-00568; IPR2014-00541
`Patent 8,217,902
`
`proposed jointly in each case and accompanied by a red-lined version (Exhibits
`
`2025) as is required.4
`
`
`
`In connection with the issue of the Exhibits having been filed after June 27,
`
`2014, we observe that Exhibit 2013 in IPR2013-00567and Exhibits 2013, 2015,
`
`2016, 2018, 2021, 2022, and 2023 in IPR2013-00568 were filed after midnight of
`
`June 27, 2014 so as to be accorded a filing date of June 28, 2014 in PRPS. Given
`
`the particular circumstances surrounding the filing of the Exhibits, and in the
`
`absence of any opposition by Wintek, we regard the above-noted Exhibits as
`
`timely filed.
`
`It is
`
`3. Order
`
`ORDERED that the Board understands that the proposed Protective Orders
`
`
`
`
`
`filed in each of IPR2013-00567 (Exhibits 2024 and 2025) and IPR2013-00568
`
`(Exhibits 2024 and 2025) are proposed jointly by the parties; and
`
`
`
`
`
`FURTHER ORDERED that Exhibit 2013 in IPR2013-00567 and Exhibits
`
`2013, 2015, 2016, 2018, 2021, 2022, and 2023 in IPR2013-00568 are regarded as
`
`having been filed timely.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4 See Initial Conference Summary, page 3 (IPR2013-00567, Paper 14 and
`IPR2013-00568, Paper 16).
`
`
`
`3
`
`
`
`Cases IPR2013-00567; IPR2013-00568; IPR2014-00541
`Patent 8,217,902
`
`
`
`PETITIONER:
`
`Joseph E. Palys
`Naveen Modi
`Abhay Watwe
`FINNEGAN, HENDERSON, FARABOW
`GARRETT & DUNNER, L.L.P.
`joseph.palys@finnegan.com
`naveen.modi@finnegan.com
`abhay.watwe@finnegan.com
`
`PATENT OWNER:
`
`Joseph J. Richetti
`BRYAN CAVE LLP
`joe.richetti@bryancave.com
`
`David Bilsker
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`davidbilsker@quinnemanuel.com
`
`
`
`
`
`
`4
`
`
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