`571-272-7822
`
`
`
`
`
`Paper No. 3
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FINISAR CORP.
`Petitioner
`
`v.
`
`THOMAS SWAN & CO. LTD.
`Patent Owner
`____________
`
`Case IPR2014-00461
`Patent 7,664,395
`____________
`
`Mailed: March 6, 2014
`
`
`
`Before Amy Kattula, Trial Paralegal
`
`
`
`NOTICE OF FILING DATE ACCORDED TO PETITION
`AND
`TIME FOR FILING PATENT OWNER PRELIMINARY RESPONSE
`
`
`The petition for inter partes review in the above proceeding has been
`
`accorded the filing date of February 26, 2014.
`
`Administrative Patent Judge Sally C. Medley has been designated to
`
`manage the proceeding. 37 C.F.R. § 42.5.
`
`
`
`Case IPR2014-00461
`Patent 7,664,395
`
`
`A review of the petition identified the following defect(s):
`
`Arguments in claim chart: Claim charts should only be used to
`
`provide an element-by-element showing as to how the prior art
`
`teaches the limitations of a claim (e.g., citations to a prior art
`
`reference, quotations from a prior art reference). Claim charts may
`
`not include arguments, claim construction, statements of the law, or
`
`detailed explanations as to why a claim limitation is taught or
`
`rendered obvious by the prior art. A mere citation to an expert
`
`declaration (e.g., “See Ex. 1015 ¶ 29”) in a claim chart is permissible,
`
`but anything more than a mere citation is improper.
`
`Improper formatting: The petition should be in portrait rather than
`
`landscape orientation. Pages 45-59 are currently in landscape
`
`orientation.
`
`Petitioner must correct the defect(s) within FIVE BUSINESS DAYS
`
`from this notice. Failure to correct the defect(s) may result in an order to
`
`show cause as to why the Board should institute the trial. No substantive
`
`changes (e.g., new grounds) may be made to the petition.
`
`Patent Owner may file a preliminary response to the petition no later
`
`than three months from the date of this notice. The preliminary response is
`
`limited to setting forth the reasons why the requested review should not be
`
`instituted. Patent Owner may also file an election to waive the preliminary
`
`response to expedite the proceeding. For more information, please consult
`
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756 (Aug. 14, 2012),
`
`which is available on the Board Web site at http://www.uspto.gov/PTAB.
`
`
`
`2
`
`
`
`Case IPR2014-00461
`Patent 7,664,395
`
`
`Patent Owner is advised of the requirement to submit mandatory
`
`notice information under 37 C.F.R. § 42.8(a)(2) within 21 days of service of
`
`the petition.
`
`The parties are encouraged to use the heading on the first page of this
`
`Notice for all future filings in the proceeding.
`
`The parties are advised that under 37 C.F.R. § 42.10(c), recognition of
`
`counsel pro hac vice requires a showing of good cause. The parties are
`
`authorized to file motions for pro hac vice admission under 37 C.F.R.
`
`§ 42.10(c). Such motions shall be filed in accordance with the “Order --
`
`Authorizing Motion for Pro Hac Vice Admission” in Case IPR2013-00639,
`
`Paper 7, a copy of which is available on the Board Web site under
`
`“Representative Orders, Decisions, and Notices.”
`
`The parties are reminded that unless otherwise permitted by 37 C.F.R.
`
`§ 42.6(b)(2), all filings in this proceeding must be made electronically in the
`
`Patent Review Processing System (PRPS), accessible from the Board Web
`
`site at http://www.uspto.gov/PTAB.
`
`If there are any questions pertaining to this notice, please contact
`
`Amy Kattula at 571-272-5826 or the Patent Trial and Appeal Board at
`
`571-272-7822.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2014-00461
`Patent 7,664,395
`
`PETITIONER:
`
`David Radulescu
`david@radulescullp.com
`
`Gregory Maskel
`greg@radulescullp.com
`
`
`Kurt Rauschenbach
`kurt@rauschenbach.com
`
`
`
`PATENT OWNER:
`
`Timothy Meagher
`Hamilton, Brook, Smith & Reynolds, P.C.
`530 Virginia Road
`P.O. Box 9133
`Concord, MA 01742-9133
`
`Ruffin B. Cordell
`Lauren Degnan
`Fish & Richardson
`1425 K Street, NW
`11th Floor
`Washington, DC 20005
`
`
`
`4
`
`