Trials@uspto.gov
`Tel.: 571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`Paper No. 11
`Entered: June 11, 2014
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`
`APPLE INC.
`Petitioner
`
`v.
`
`THX LTD.
`Patent Owner
`_______________
`
`Case IPR2014-00235
`Patent 7,433,483 B2
`_______________
`
`
`
`Before MICHAEL W. KIM, BARBARA A. PARVIS, and BRIAN P.
`MURPHY, Administrative Patent Judges.
`
`MURPHY, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`
`Tel.: 571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`Paper No. 11
`Entered: June 11, 2014
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`
`APPLE INC.
`Petitioner
`
`v.
`
`THX LTD.
`Patent Owner
`_______________
`
`Case IPR2014-00235
`Patent 7,433,483 B2
`_______________
`
`
`
`Before MICHAEL W. KIM, BARBARA A. PARVIS, and BRIAN P.
`MURPHY, Administrative Patent Judges.
`
`MURPHY, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`INITIAL TELEPHONE CONFERENCE
`
`
`
`An initial conference call with the Board is scheduled for 2:00 pm
`
`Eastern Time on Wednesday June 25, 2014. The parties are directed to
`
`the Office Trial Practice Guide, 77 Fed. Reg. 48,756, 48,765-66 (Aug. 14,
`
`2012), for guidance in preparing for the initial conference call. The parties
`
`should be prepared to discuss any proposed changes to the Scheduling Order
`
`entered herewith and any motions the parties anticipate filing during the
`
`trial.
`
`
`
`A. DUE DATES
`
`
`
`This order sets due dates for the parties to take action after institution
`
`of the proceeding. The parties may stipulate to different dates for DUE
`
`DATES 1 through 5 (earlier or later, but no later than DUE DATE 6). A
`
`notice of the stipulation, specifically identifying the changed due dates, must
`
`be filed promptly after execution. The parties may not stipulate to an
`
`extension of DUE DATES 6 and 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, below).
`
`
`
`The parties are reminded that the Testimony Guidelines appended to
`
`the Office Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug. 14,
`
`2012) (Appendix D), apply to this proceeding. 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
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`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).
`
`The patent owner must file any such response or motion to amend by DUE
`
`DATE 1. If the patent owner elects not to file anything, 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 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 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, below) 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.
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`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.
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`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 because no further substantive
`
`paper is permitted after the reply. See Office 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
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`identified argument or portion of an exhibit. Each observation should not
`
`exceed a single, short paragraph. The parties may respond to the
`
`observation. Any response must be equally concise and specific.
`
`
`
`
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL …………………………..June 25, 2014
`
`DUE DATE 1……………………………………………….August 12, 2014
`
`
`
`
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`
`
`DUE DATE 2………………………………………………October 14, 2014
`
`
`
`
`
`Petitioner’s reply to patent owner response to petition
`
`
`
`Petitioner’s opposition to motion to amend
`
`
`
`DUE DATE 3……………………………………………November 12, 2014
`
`
`
`Patent owner’s reply to petitioner opposition to motion to amend
`
`DUE DATE 4……………………………………………..December 3, 2014
`
`
`
`
`
`
`
`Motion for observation regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`DUE DATE 5……………………………………………December 17, 2014
`
`
`
`
`
`Response to observation
`
`Opposition to motion to exclude
`
`
`
`DUE DATE 6…………………………………………….December 24, 2014
`
`
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7……………………………………………….January 28, 2015
`
`Oral argument (if requested)
`
`
`
`
`
`
`
`
`
`
`
`IPR2014-00235
`Patent 7,433,483 B2
`
`
`
`FOR PETITONER:
`
`David L. Cavanaugh
`Natalie Pous
`WILMER CUTLER PICKERING HALE & DORR LLP
`david.cavanaugh@wilmerhale.com
`natalie.pous@wilmerhale.com
`
`
`
`
`
`FOR PATENT OWNER:
`
`Christopher L. Kelley
`PERKINS COIE LLP
`ckelley@perkinscoie.com
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