Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`Paper 16 (IPR2014-00041)
`Paper 17 (IPR2014-00043)
`Paper 15 (IPR2014-00051)
`Paper 12 (IPR2014-00054)
`Paper 8 (IPR2014-00055)
`Entered: March 10, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GEA PROCESS ENGINEERING, INC.
`Petitioner
`
`v.
`
`STEUBEN FOODS, INC.
`Patent Owner
`____________
`
`Cases1
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`Before RAMA G. ELLURU, BEVERLY M. BUNTING, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`1 This order addresses issues that are the same in all five cases. We exercise
`our discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`
`571-272-7822
`
`
`
`
`
`
`
`Paper 16 (IPR2014-00041)
`Paper 17 (IPR2014-00043)
`Paper 15 (IPR2014-00051)
`Paper 12 (IPR2014-00054)
`Paper 8 (IPR2014-00055)
`Entered: March 10, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GEA PROCESS ENGINEERING, INC.
`Petitioner
`
`v.
`
`STEUBEN FOODS, INC.
`Patent Owner
`____________
`
`Cases1
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`Before RAMA G. ELLURU, BEVERLY M. BUNTING, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`1 This order addresses issues that are the same in all five cases. We exercise
`our discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`A. DUE DATES
`
`This order sets due dates for the parties to take action in this trial. The
`parties may stipulate to different dates for DUE DATES 1 through 3 (earlier
`or later, but no later than DUE DATE 4). A notice of the stipulation,
`specifically identifying the changed due dates, must be promptly filed. The
`parties may not stipulate to an extension of DUE DATES 4-7.
`
`In stipulating to different times, the parties should consider the effect
`of the stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to
`supplement evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-
`examination (37 C.F.R. § 42.53(d)(2)), and to draft papers depending on the
`evidence and cross-examination testimony (see Section B).
`
`The parties are reminded that the Testimony Guidelines appended to
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14,
`2012) (Appendix D), apply to this trial. The Board may impose an
`appropriate sanction for failure to adhere to the Testimony Guidelines.
`37 C.F.R. § 42.12. For example, reasonable expenses and attorneys’ fees
`incurred by any party may be levied on a person who impedes, delays, or
`frustrates the fair examination of a witness.
`
`1. DUE DATE 1
`The patent owner may file—
`
`a. A response to the petition (37 C.F.R. § 42.120), and
`
`b. A motion to amend the patent (37 C.F.R. § 42.121).
`
`
`
`
`
`2
`
`
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`
`The patent owner must file any such response or motion to amend by
`DUE DATE 1. If the patent owner elects not to file either a response to the
`petition or a motion to amend, the patent owner must arrange a conference
`call with the parties and the Board. The patent owner is cautioned that any
`arguments for patentability not raised and fully briefed in the response will
`be deemed waived.
`
`2. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and
`opposition to the motion to amend by DUE DATE 2.
`
`3. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to
`the patent owner’s motion to amend by DUE DATE 3.
`
`4. DUE DATE 4
`a. Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see Section C) by DUE
`DATE 4.
`b. Each party must file any motion to exclude evidence (37 C.F.R
`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
`DUE DATE 4.
`
`
`
`
`
`
`3
`
`
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
` 5. DUE DATE 5
`a. Each party must file any reply to an observation on
`cross-examination testimony by DUE DATE 5.
`b. Each party must file any opposition to a motion to exclude evidence
`by DUE DATE 5.
`
`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`7. DUE DATE 7
`
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`B. CROSS-EXAMINATION
`
`Except as the parties might otherwise agree, for each due date—
`1. Cross-examination begins after any supplemental evidence is due.
`37 C.F.R. § 42.53(d)(2).
`2. Cross-examination ends no later than a week before the filing date
`for any paper in which the cross-examination testimony is expected to be
`used. Id.
`
`
`
`
`
`
`4
`
`
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`A motion for observation on cross-examination provides the parties
`with a mechanism to draw the Board’s attention to relevant
`cross-examination testimony of a reply witness, since no further substantive
`paper is permitted after the reply. See Office Patent Trial Practice Guide,
`77 Fed. Reg. 48756, 48768 (Aug. 14, 2012). The observation must be a
`concise statement of the relevance of precisely identified testimony to a
`precisely identified argument or portion of an exhibit. Each observation
`should not exceed a single, short paragraph. The opposing party may
`respond to the observation. Any response must be equally concise and
`specific.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`DUE DATE APPENDIX
`DUE DATE 1…………….………………………………….…May 16, 2014
`
`Patent owner’s response to the petition
`
`
`Patent owner’s motion to amend the patent
`DUE DATE 2……………………………………………….….July 25, 2014
`
`Petitioner’s reply to patent owner response to petition
`
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3………………………………………….……August 25, 2014
`
`Patent owner’s reply to petitioner opposition to motion to amend
`DUE DATE 4……………………………………………September 15, 2014
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`
`
`Request for oral argument
`
`DUE DATE 5……………………………………………September 29, 2014
`
`Response to observation
`
`Opposition to motion to exclude
`DUE DATE 6………………………………………………..October 6, 2014
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7…………………………………..……..…..November 7, 2014
`Oral argument (if requested)
`
`
`
`
`
`6
`
`
`
`
`
`IPR2014-00041 (Patent 6,945,013 B2)
`IPR2014-00043 (Patent 6,475,435 B1)
`IPR2014-00051 (Patent 6,209,591 B1)
`IPR2014-00054 (Patent 6,481,468 B1)
`IPR2014-00055 (Patent 6,536,188 B1)
`
`PETITIONER:
`
`William P. Atkins
`Benjamin Kiersz
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`william.atkins@pillsburylaw.com
`benjamin.kiersz@pillsburylaw.com
`
`
`PATENT OWNER:
`
`Greg H. Gardella
`Kevin B. Laurence
`OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P.
`CPDocketGardella@oblon.com
`CPDocketLaurence@oblon.com
`
`
`
`
`
`
`
`7
`
`
`
`
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