`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 19
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` Entered: July 16, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`NETFLIX, INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`_______________
`
`Cases IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`_______________
`
`
`Before SALLY C. MEDLEY, JAMES T. MOORE, and JUSTIN BUSCH,
`Administrative Patent Judges.
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`MEDLEY, Administrative Patent Judge.
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`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
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`
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`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`
`
`On July 16, 2014, the initial conference call1 was held between counsel for
`the respective parties and Judges Medley, Moore, and Busch.
`
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`Motions
`Neither party seeks authorization to file a motion at this time. As explained,
`if Patent Owner determines that it will file a motion to amend, Patent Owner must
`arrange a conference call soon thereafter with the Board and opposing counsel to
`discuss the proposed motion to amend. See 37 C.F.R. § 42.121(a).
`The parties were reminded that if they seek authorization to file a motion not
`contemplated per the Scheduling Order, the party requesting such authorization
`must arrange a conference call with opposing counsel and the Board.
`
`
`Schedule
`Counsel for the respective parties indicated that they have no issues with the
`Scheduling Order entered June 24, 2014.
`To the extent issues arise with DATES 1-5 identified in the Scheduling
`Order, the parties are reminded that, without obtaining prior authorization from the
`Board, they may stipulate to different dates for DATES 1-5, as provided in the
`Scheduling Order, by filing an appropriate notice with the Board. The parties may
`not stipulate to any other changes to the Scheduling Order.
`
`
`1 The initial conference call is held to discuss the Scheduling Order and any
`motions that the parties anticipate filing during the trial. Office Patent Trial
`Practice Guide, 77 Fed. Reg. 48,756, 48,765 (Aug. 14, 2012).
`2
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`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
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`Settlement
`The parties have nothing to report with respect to settlement.
`
`Order
`
`It is
`ORDERED that no motions are authorized at this time.
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`3
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`IPR2014-00252 (Patent 8,107,786 B2)
`IPR2014-00267 (Patent 7,409,437 B2)
`IPR2014-00269 (Patent 6,233,736 B1)
`
`PETITIONER:
`
`Andrew S. Ehmke
`Scott Jarratt
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`scott.jarratt.ipr@haynesboone.com
`
`PATENT OWNER:
`Erika H. Arner
`Joshua L. Goldberg
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT AND DUNNER, LLP
`erika.arner@finnegan.com
`joshua.goldberg@finnegan.com
`
`Russell Levine
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`russell.levine@kirkland.com
`eugene.goryunov@kirkland.com
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`4
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