Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Entered: August 27, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Cases IPR2014-00443,
`IPR2014-00444
`IPR2014-00445
`IPR2014-00446
`IPR2014-00447
`Patent 7,147,759 B21
`____________
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`
`
`
`1 This Order sets forth the same trial schedule for all of the above-identified
`cases. Therefore, we issue one Order to be filed in all cases. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`
`571-272-7822
`
`
`
`
`
`Entered: August 27, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Cases IPR2014-00443,
`IPR2014-00444
`IPR2014-00445
`IPR2014-00446
`IPR2014-00447
`Patent 7,147,759 B21
`____________
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`SCHEDULING ORDER
`
`
`
`1 This Order sets forth the same trial schedule for all of the above-identified
`cases. Therefore, we issue one Order to be filed in all cases. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`
`
`Cases IPR2014-00443, IPR2014-00444, IPR2014-00445, IPR2014-00446,
`IPR2014-00447
`Patent 7,147,759 B2
`
`I. 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 promptly filed. 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 Patent 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
`incurred by any party may be levied on a person who impedes, delays, or
`frustrates the fair examination of a witness.
`
`A. INITIAL CONFERENCE CALL
`The parties are directed to the Office Patent Trial Practice Guide,
`77 Fed. Reg. at 48,765–66 (Aug. 14, 2012) for guidance in preparing for the
`initial conference call, and should be prepared to discuss any proposed
`2
`
`
`
`Cases IPR2014-00443, IPR2014-00444, IPR2014-00445, IPR2014-00446,
`IPR2014-00447
`Patent 7,147,759 B2
`
`changes to this Scheduling Order and any motions the parties anticipate
`filing during the trial.
`
`B. 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.
`
`C. 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.
`
`D. 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.
`
`E. DUE DATE 4
`1.
`Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see section III, below) by
`DUE DATE 4.
`
`3
`
`
`
`Cases IPR2014-00443, IPR2014-00444, IPR2014-00445, IPR2014-00446,
`IPR2014-00447
`Patent 7,147,759 B2
`
`
`Each party must file any motion to exclude evidence (37 C.F.R
`2.
`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
`DUE DATE 4.
`
`F. DUE DATE 5
`1.
`Each party must file any reply to an observation on
`cross-examination testimony by DUE DATE 5.
`2.
`Each party must file any opposition to a motion to exclude
`evidence by DUE DATE 5.
`
`G. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`H. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`II. 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
`
`
`
`Cases IPR2014-00443, IPR2014-00444, IPR2014-00445, IPR2014-00446,
`IPR2014-00447
`Patent 7,147,759 B2
`
`III. 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-xamination
`testimony of a reply witness because no further substantive paper is
`permitted after the reply. See Office Patent Trial Practice Guide, 77 Fed.
`Reg. at 48,768. 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
`
`
`
`Cases IPR2014-00443, IPR2014-00444, IPR2014-00445, IPR2014-00446,
`IPR2014-00447
`Patent 7,147,759 B2
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ......... September 24, 2014 at 2:00 p.m. ET
`
`DUE DATE 1 .................................................................. November 26, 2014
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ..................................................................... February 27, 2015
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ......................................................................... March 27, 2015
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ........................................................................... April 17, 2015
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 .............................................................................. May 1, 2015
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 .............................................................................. May 8, 2015
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ............................................................................ May 22, 2015
`Oral argument (if requested)
`
`
`
`
`6
`
`
`
`Cases IPR2014-00443, IPR2014-00444, IPR2014-00445, IPR2014-00446,
`IPR2014-00447
`Patent 7,147,759 B2
`
`For PETITIONER:
`Richard Goldenberg
`Richard.Goldenberg@wilmerhale.com
`
`David L. Cavanaugh
`David.Cavanaugh@wilmerhale.com
`
`For PATENT OWNER:
`Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Bruce J. Barker
`bbarker@chsblaw.com
`
`
`
`
`
`
`
`7
`
`
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