`Date: April 28, 2014
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`DELL INC., HEWLETT-PACKARD COMPANY, and NETAPP, INC.
`Petitioners
`
`v.
`
`ELECTRONICS AND TELECOMMUNICATIONS RESEARCH
`INSTITUTE
`Patent Owner
`_______________
`
`Case IPR2013-00635
`Patent 6,978,346 B2
`_______________
`
`
`Before BRIAN J. McNAMARA, MIRIAM L. QUINN, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`IPR2013-00635
`Patent 6,978,346 B2
`
`
`
`
`
`An initial conference call in the above proceeding was held on April 22,
`2014 between respective counsel for Petitioners and Patent Owner, and Judges
`Quinn, McNamara, and Anderson. The purpose of the call was to discuss any
`proposed changes to the Scheduling Order (Paper 20) and any motions the parties
`intend to file. The parties filed their respective list of motions prior to the call.
`(Papers 22, 23). With regard to the Scheduling Order, neither party stated issues
`with the dates. As for motions, the following issues were discussed.
`Motion to Amend
`Patent Owner stated that it may file a motion to amend. As discussed during
`the call, the parties should note the guidance regarding motions to amend provided
`in the Board’s decisions including Case IPR2012-00027, Paper 26 (“Idle Free”),
`and more recently in Case IPR2013-00419, Paper 32. Patent Owner shall arrange a
`conference call no later than two weeks before the deadline to file the motion to
`amend to discuss the proposed motion to amend. See 37 C.F.R. § 42.121(a).
`
`
`Motions to Exclude
`The parties indicated that they may file motions to exclude. The parties are
`reminded that a motion to exclude is available to a party wishing to challenge the
`admissibility of evidence and to preserve an objection made previously. See Office
`Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48767 (Aug. 14, 2012). A party
`following these guidelines may file a motion to exclude without prior authorization
`from the Board. The rule specifies as much and explains that a motion to exclude
`must identify the objections in the record and must explain the objections. 37
`C.F.R. § 42.64(c). Therefore, no authorization at this time is required.
`
`
`2
`
`
`
`
`IPR2013-00635
`Patent 6,978,346 B2
`
`
`
`Settlement
`There was no report of settlement.
`
`
`Order
`
`It is
`ORDERED that no motions are authorized at this time.
`
`
`
`
`
`FOR PETITIONERS:
`Lead Counsel
`David McCombs
`david.mccombs.ipr@haynesboone.com
`
`Back-up Counsel
`Andrew S. Ehmke
`andy.ehmke.ipr@haynesboone.com
`Thomas W. Kelton
`thomas.kelton.ipr@haynesboone.com
`John Russell Emerson
`russell.emerson.ipr@haynesboone.com
`
`FOR PATENT OWNER:
`Lead Counsel
`Matthew Phillips
`matthew.phillips@renaissanceiplaw.com
`
`Back-up Counsel
`Alexander Giza
`agiza@raklaw.com
`Derek Meeker
`derek.meeker@renaissanceiplaw.com
`
`3
`
`
`
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