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`Paper No.
`Filed: May 1, 2014
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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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`WINTEK CORPORATION
`Petitioner
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`v.
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`TPK TOUCH SOLUTIONS INC.
`Patent Owner
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`Case IPR2013-00567
`Case IPR2013-00568
`Case IPR2014-00541
`Patent 8,217,902
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`Joint Motion To Modify Schedule
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`Case IPR2013-00567, IPR2013-00568, IPR2014-00541
`Joint Motion To Modify Schedule
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`Introduction and Statement of Relief Requested
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`I.
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`Pursuant to the Board’s order dated April 23, 2014 (Paper No. 18 in
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`IPR2013-00567), Petitioner Wintek Corp. (“Wintek” or “Petitioner”) and Patent
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`Owner TPK Touch Solutions Inc. (“TPK” or “Patent Owner”) have conferred and
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`jointly propose modifying the schedules for the IPR2013-00567, IPR2013-00568,
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`and IPR2014-00541 proceedings. The parties request that the Board grant this
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`motion and enter the schedules proposed in this motion.
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`II. Background
`The IPR2013-00567, IPR2013-00568, and IPR2014-00541 proceedings
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`involve U.S. Patent No. 8,217,902. The Board instituted trials in the IPR2013-
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`00567 and IPR2013-00568 on February 27, 2014. On March 26, 2014, Wintek
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`filed the petition corresponding to the IPR2014-00541 proceeding. Wintek also
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`filed a motion for joinder, requesting joinder of IPR2014-00541 to IPR2013-00567
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`and IPR2013-00568.
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`During a conference call on April 14, 2014, Wintek requested that the
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`schedule of the IPR2014-00541 proceeding be modified so as to align it with the
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`schedules of the IPR2013-00567 and IPR2013-00568 proceedings. As support for
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`the request, Wintek directed the Board to a separate inter partes review
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`proceeding, Ariosa Diagnostics v. Isis Innovation Limited, IPR2013-00250
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`(“Ariosa”). In response to that request and after another conference call on April
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`1
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`Case IPR2013-00567, IPR2013-00568, IPR2014-00541
`Joint Motion To Modify Schedule
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`21, 2014, the Board ordered the parties to meet and confer and attempt to reach an
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`agreement on the schedules for these proceedings. See e.g., Paper No. 18 in
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`IPR2013-00567.
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`Pursuant to the Board’s order, the parties have met and conferred and have
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`reached an agreement regarding the schedules. Specifically, TPK has agreed not to
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`oppose Wintek’s motion for joinder and the parties have agreed to the following
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`schedules:
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`IPR2014-00541
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`1. Patent Owner’s preliminary response will be due on May 23, 2014.
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`2. The parties will follow the schedule listed below for IPR2013-00567 and
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`IPR2013-00568 if the Board institutes trial in IPR2014-00541.
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`IPR2013-00567 and IPR2013-00568
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`The parties propose the following schedule:
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`Due Date 1: June 20, 2014
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`Due Date 2: September 5, 2014
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`Due Date 3: October 10, 2014
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`Due Date 4: October 31, 2014
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`Due Date 5: November 14, 2014
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`Due Date 6: November 21, 2014
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`Due Date 7: December 12, 2014
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`2
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`Case IPR2013-00567, IPR2013-00568, IPR2014-00541
`Joint Motion To Modify Schedule
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`III. Reasons for Granting the Motion
`The parties jointly request that the Board adopt the above proposed
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`schedules. The parties have followed the guidance provided in Ariosa to arrive at
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`the schedules. The proposed schedules attempt to take into account time for the
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`Board to decide whether to institute inter partes review in IPR2014-00541
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`following Patent Owner’s preliminary response. The proposed schedule for
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`IPR2013-00567 and IPR2013-00568 take into account additional time to
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`accommodate discovery for all three matters, while attempting to provide the
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`Board time to meet its requirement to meet the one-year statutory deadline to issue
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`a final written decision in these matters.
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`Aligning the schedules as the parties have proposed will help secure the just,
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`speedy and inexpensive resolution of the proceedings. See 37 C.F.R. 42.1(b). For
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`instance, like in Ariosa, aligning the schedules will allow the parties to coordinate
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`discovery (e.g., a single deposition of any declarants) in these proceedings.
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`Furthermore, just as in Ariosa, the proposed schedules allow the Board sufficient
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`time to render a final written decision within one year from institution.
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`IV. Conclusion
`For at least these reasons, the parties request that the Board grant this motion
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`and enter an order consistent with the proposed schedules presented in this motion.
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`3
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`Dated: May 1, 2014
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`Case IPR2013-00567, IPR2013-00568, IPR2014-00541
`Joint Motion To Modify Schedule
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`Respectfully submitted,
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`By: /Joseph E. Palys/
`Joseph E. Palys (Lead Counsel for Wintek)
`Registration No. 46,508
`Finnegan, Henderson, Farabow, Garrett
` & Dunner, LLP
`11955 Freedom Drive
`Reston, VA 20190-5675
`(571) 203-2700
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`By: /Joseph Richetti, Reg. No. 47024/
`Joseph J. Richetti (Lead Counsel for TPK)
`Registration No. 47,024
`BRYAN CAVE, LLP
`1290 Avenue of the Americas
`New York, NY 10104
`General Tel: (212) 541-2000
`Direct Tel: (212) 541-1092
`Fax: (212) 541-4630
`Email: joe.richetti@bryancave.com
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`4
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`Case IPR2013-00567, IPR2013-00568, IPR2014-00541
`Joint Motion To Modify Schedule
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`CERTIFICATE OF SERVICE
`I hereby certify that on this 1st day of May 2014, a copy of Joint Motion To
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`Modify Schedule was served by electronic mail upon the Lead and Backup
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`Counsel for TPK Touch Solutions Inc.:
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`Joseph J. Richetti (Lead Counsel for TPK)
`BRYAN CAVE, LLP
`1290 Avenue of the Americas
`New York, NY 10104
`General Tel: (212) 541-2000
`Direct Tel: (212) 541-1092
`Fax: (212) 541-4630
`Email: joe.richetti@bryancave.com
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`Dated: May 1, 2014
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`David Bilsker (Backup Counsel for TPK)
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`50 California Street, 22nd Floor
`San Francisco, CA 94111
`General Tel: (415) 875-6600
`Direct Tel: (415) 875-6432
`Fax: (415) 875-6700
`Email: davidbilsker@quinnemanuel.com
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`By: /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
`Finnegan, Henderson, Farabow, Garrett
` & Dunner, LLP
`11955 Freedom Drive
`Reston, VA 20190-5675
`(571) 203-2700
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`Counsel for Wintek Corp.
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`1
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