`571-272-7822
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` Paper 4
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`Date: March 24, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TARGET CORPORATION,
`Petitioner
`
`v.
`
`DESTINATION MATERNITY CORPORATION,
`Patent Owner
`
`
`
`Case IPR2014-00508 (RE43,563)
`Case IPR2014-00509 (RE43,531)
`
`
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`
`BISK, Administrative Patent Judge.
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`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
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`
`
`
`
`Case IPR2014-00508 (RE43,563)
`Case IPR2014-00509 (RE43,531)
`
`On March 20, 2014, a telephone conference call was held between
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`respective counsel for the parties and Judges Bisk, Fitzpatrick, and Weatherly. The
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`conference call was initiated by the Board in response to a communication
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`received from the Patent Owner’s counsel.
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`In these cases, Petitioner has filed motions to join IPR2014-00508 and
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`IPR2014-00509 with IPR2013-000530/ IPR2013-00531 and IPR2013-
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`000532/IPR2013-00533, respectively. Patent Owner seeks permission to file an
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`opposition to these joinder motions. Petitioner does not oppose the request, but
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`also requests a reply. Patent Owner does not oppose Petitioner’s request for a
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`reply. During the call we discussed the timing of the requested briefing. We
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`explained that because the petitions in these cases contain many newly asserted
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`grounds and references, it would be unfair to limit the time afforded Patent Owner
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`in preparing its preliminary response. Therefore, we were not inclined to expedite
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`the timing of any briefing to the joinder motions, which are not even relevant
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`unless the petitions are granted. During the call, we did not rule on whether we
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`would authorize either an opposition or a reply in support of the motions for
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`joinder. After deliberation, we have decided that we will authorize Patent Owner
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`to file an opposition, due concurrently with the preliminary response. At this time,
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`however, we do not authorize a reply.
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`We further discussed, on the issue of timing, the potential effect on the
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`existing schedule, should these proceedings be joined, as requested. Under these
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`circumstances, we will give Petitioner an opportunity, in the form of a motion, to
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`limit the petitions to a subset of claims and grounds to reduce Patent Owner’s
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`burden in responding.
`
`2
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`
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`Case IPR2014-00508 (RE43,563)
`Case IPR2014-00509 (RE43,531)
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`Accordingly, it is
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`ORDERED that Petitioner is authorized to file a motion in each
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`proceeding to limit the respective petition to a subset of the grounds and claims
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`therein;
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`FURTHER ORDERED that Petitioner shall file such motions no later
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`than March 27, 2014 and that they shall be limited to 5 pages;
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`FURTHER ORDERED that no oppositions to these motions by Patent
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`Owner are authorized;
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`FURTHER ORDERED that Patent Owner’s opposition to each
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`motion for joinder shall be due on the same date as its preliminary response to the
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`respective petition. No reply by Petitioner is authorized.
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`3
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`
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`Case IPR2014-00508 (RE43,563)
`Case IPR2014-00509 (RE43,531)
`
`For PETITIONER:
`
`Norman Hedges
`Norman.hedges@faegrebd.com
`
`Trevor Carter
`Trevor.carter@faegrebd.com
`
`Daniel Lechleiter
`Daniel.lechleiter@faegrebd.com
`
`For PATENT OWNER:
`
`IP Group of DLA Piper, LLC
`One Liberty Place
`1650 Market Street
`Suite 4900
`Philadelphia, PA 19103
`
`Paul A. Taufer
`Paul.taufer@dlapiper.com
`
`Michael.Burns
`Michael.burns@dlapiper.com
`
`
`4
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