`Tel: 571-272-7822
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`Paper 12
`Entered: February 24, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION
`Petitioner
`
`v.
`
`FUZZYSHARP TECHNOLOGIES, INC.
`Patent Owner
`____________
`
`Case IPR2014-00001 (Patent 6,618,047 B1)
`Case IPR2014-00002 (Patent 6,172,679 B1)1
`
`
`Before JUSTIN T. ARBES, TREVOR M. JEFFERSON, and
`DAVID C. McKONE, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
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`
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`REVISED SCHEDULING ORDER
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`
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`1 This Order addresses an issue pertaining to both cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
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`
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`
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`Case IPR2014-00001 (Patent 6,618,047 B1)
`Case IPR2014-00002 (Patent 6,172,679 B1)
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`A. DUE DATES
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`
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`This order sets due dates for the parties to take action in this trial. The
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`parties may stipulate to different dates for DUE DATES 1 through 3 (earlier
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`or later, but no later than DUE DATE 4). A notice of the stipulation,
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`specifically identifying the changed due dates, must be promptly filed. The
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`parties may not stipulate to an extension of DUE DATES 4-7.
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`
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`In stipulating to different times, the parties should consider the effect
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`of the stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to
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`supplement evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-
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`examination (37 C.F.R. § 42.53(d)(2)), and to draft papers depending on the
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`evidence and cross-examination testimony (see Section B).
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`
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`The parties are reminded that the Testimony Guidelines appended to
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`the Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012)
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`(Appendix D), apply to this trial. The Board may impose an appropriate
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`sanction for failure to adhere to the Testimony Guidelines. 37 C.F.R.
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`§ 42.12. For example, reasonable expenses and attorneys’ fees incurred by
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`any party may be levied on a person who impedes, delays, or frustrates the
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`fair examination of a witness.
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`
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`1. DUE DATE 1
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`The patent owner may file a response to the petition (37 C.F.R.
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`§ 42.120). The patent owner must file any such response by DUE DATE 1.
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`If the patent owner elects not to file anything, the patent owner must arrange
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`a conference call with the parties and the Board. The patent owner is
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`cautioned that any arguments for patentability not raised and fully briefed in
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`the response will be deemed waived.
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`
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`2
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`
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`Case IPR2014-00001 (Patent 6,618,047 B1)
`Case IPR2014-00002 (Patent 6,172,679 B1)
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`2. DUE DATE 2
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`The petitioner must file any reply to the patent owner’s response by
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`DUE DATE 2.
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`3. DUE DATE 3
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`None.
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`4. DUE DATE 4
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`Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
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`DUE DATE 4.
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` 5. DUE DATE 5
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`Each party must file any opposition to a motion to exclude evidence
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`by DUE DATE 5.
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`6. DUE DATE 6
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`Each party must file any reply for a motion to exclude evidence by
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`DUE DATE 6.
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`7. DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE
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`DATE 7.
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`3
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`
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`Case IPR2014-00001 (Patent 6,618,047 B1)
`Case IPR2014-00002 (Patent 6,172,679 B1)
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`B. CROSS-EXAMINATION
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`
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`Except as the parties might otherwise agree, for each due date—
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`1. Cross-examination begins after any supplemental evidence is due.
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`37 C.F.R. § 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date
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`for any paper in which the cross-examination testimony is expected to be
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`used. Id.
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`4
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`
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`Case IPR2014-00001 (Patent 6,618,047 B1)
`Case IPR2014-00002 (Patent 6,172,679 B1)
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`DUE DATE APPENDIX
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`DUE DATE 1…………….…………………………………….May 14, 2014
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`
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`Patent owner’s response to the petition
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`DUE DATE 2……………………………………………….August 20, 2014
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`Petitioner’s reply to patent owner response to petition
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`DUE DATE 32
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`
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`None
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`DUE DATE 4……………………………………………September 22, 2014
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`
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5………………………………………………..October 6, 2014
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`Opposition to motion to exclude
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`DUE DATE 6………………………………………………October 14, 2014
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`Reply to opposition to motion to exclude
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`DUE DATE 7………………………………………………October 28, 2014
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`Oral argument (if requested)
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`2 Because the challenged patents have expired and may not be amended,
`no due date is being set for DUE DATE 3. The numbering of due dates
`remains the same, however, to maintain consistency with the original
`schedule in each proceeding.
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`
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`5
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`
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`Case IPR2014-00001 (Patent 6,618,047 B1)
`Case IPR2014-00002 (Patent 6,172,679 B1)
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`PETITIONER:
`
`James F. Valentine
`Rajiv P. Sarathy
`PERKINS COIE LLP
`jvalentine@perkinscoie.com
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`PATENT OWNER:
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`David Fink
`Timothy Johnson
`FINK & JOHNSON
`texascowboy6@gmail.com
`federallitigationlaw@gmail.com
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`
`
`
`6
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`
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