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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`ZTE CORPORATION AND ZTE (USA) INC.,
`and
`MICROSOFT CORPORATION,
`Petitioners
`
`v.
`
`IPR LICENSING, INC.,
`Patent Owner.
`__________________
`
`Case IPR2014-005251
`U.S. Patent No.: 8,380,244
`__________________
`
`Before SALLY C. MEDLEY, MIRIAM L. QUINN, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`_______________________________________________________________
`
`
`
`
`
`
`
`JOINT STIPULATION TO MODIFY THE SCHEDULING ORDER
`
`
`
`
`
`
`
`1 Case IPR2015-00074 has been joined with this proceeding.
`
`
`
`
`
`
`
`ZTE Corporation and ZTE (USA) Inc. (“ZTE”) and Microsoft Corporation
`
`(“Microsoft”) (collectively “Petitioners”) and IPR Licensing, Inc. (“InterDigital”
`
`or “Patent Owner”), by and through their respective counsel of record, hereby
`
`stipulate as follows:
`
`1.
`
`On September 17, 2014, the Patent Trial and Appeal Board issued a
`
`Scheduling Order in the Inter Partes Review of U.S. Patent No.
`
`8,380,244 (IPR2014-00525) setting forth “due dates for the parties to
`
`take action after institution of the proceeding.” Paper No. 20.
`
`2.
`
`The Scheduling Order further states that the “parties may stipulate to
`
`different dates for DUE DATES 1 through 5.” Id.
`
`3.
`
`To accommodate post-trial briefing in a related case and the
`
`Thanksgiving holiday, the parties stipulated to amended due dates in a
`
`Joint Stipulation filed on September 17, 2014 amending DUE DATES
`
`1 through 4. Paper No. 21.
`
`4.
`
`To accommodate a mutually agreeable date for the deposition of
`
`Petitioners’ expert (Dr. Bims) and the potential joinder of Microsoft’s
`
`petition in IPR2015-00074, the parties agreed to newly amended due
`
`dates and filed a Joint Stipulation on December 9, 2015 amending
`
`DUE DATES 1 through 4. Paper No. 24.
`
`2
`
`
`
`
`
`5.
`
`On December 19, 2014, Patent Owner cross-examined Petitioners’
`
`expert, and on DUE DATE 1, Patent Owner filed its Patent Owner
`
`Response. Paper 25.
`
`6.
`
`In order to accommodate Patent Owner’s expert’s (Dr. Stark)
`
`deposition on a mutually agreeable date, the parties agreed to hold Dr.
`
`Stark’s deposition on Saturday, February 28, 2015 and extend DUE
`
`DATE 2 to March 17, 2015. ZTE filed its Notice of Deposition of Dr.
`
`Stark on February 13, 2015 in compliance with the rules. Paper 27.
`
`7.
`
`On Thursday, February 26, counsel for InterDigital informed ZTE that
`
`one of its attorneys became ill and the deposition could not go forward
`
`on Saturday, February 28 as scheduled. Accordingly, the parties
`
`agreed to postpone the deposition to a mutually agreeable date and
`
`extend DUE DATE 2 accordingly. The parties are seeking a mutually
`
`agreeable date so that Dr. Stark’s deposition may occur on or before
`
`March 27th.
`
`8.
`
`On Wednesday, March 4, 2015, the Board issued its decision to join
`
`IPR2015-00074 with this proceeding. See IPR2015-00074, Paper 21.
`
`As part of its decision, the Board did not amend the Scheduling Order
`
`for the instant case, IPR2014-00525. Id.
`
`3
`
`
`
`
`
`9.
`
`Once the parties determine a mutually agreeable date for Dr. Stark’s
`
`deposition, Petitioners will file a new Notice of Deposition. In the
`
`meantime, the parties have agreed to extend DUE DATE 2 to April 7,
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`2015 and DUE DATE 3 to April 24, 2015.
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`10. These newly amended DUE DATES supersede all previously
`
`stipulated DUE DATES 2 through 4.
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`11. This stipulation does not affect or otherwise modify the dates for DUE
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`DATES 5, 6 and 7 listed in the Scheduling Order.
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`Patent Owner and Petitioners hereby stipulate to newly amended DUE DATES
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`2 and 3 and lists the previously stipulated DUE DATE 4:
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`Document
`
`DUE DATE 2
`(a) Petitioners’ Reply to Patent
`Owner’s Response to Petition
`(b) Petitioners’ Opposition to Patent
`Owner’s Motion to Amend the
`Patent
`
`DUE DATE 3
`Patent Owners’ Reply to
`Petitioners’ Opposition to Patent
`Owner’s Motion to Amend the
`Patent
`
`Stipulated Due Date
`
`April 7, 2015
`
`April 24, 2015
`
`4
`
`
`
`
`
`
`
`Stipulated Due Date
`
`April 24, 2015
`
`Document
`
`DUE DATE 4
`(a) Motions for an Observation on
`Cross-Examination Testimony of a
`Reply Witness
`(b) Motions to Exclude Evidence and
`Request Oral Argument
`
`Dated: March 6, 2015
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Charles M. McMahon
`Charles M. McMahon
`Registration No. 44,926
`Attorney for Petitioners ZTE
`Corporation and ZTE (USA) Inc.
`
`Brinks Gilson & Lione
`NBC Tower, Suite 3600
`455 North Cityfront Plaza Drive
`Chicago, IL 60611-5599
`
`Telephone: (312) 321-4200
`Fax: (312) 321-4299
`
`5
`
`
`
`COS for Joint Stipulation to Modify the Scheduling Order
`Attorney Docket No. 14569.0009
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true copy of the foregoing JOINT STIPULATION
`
`TO MODIFY THE SCHEDULING ORDER has been served in its entirety on
`
`March 6, 2015, by electronic mail on the following counsel of record for Patent
`
`Owner IPR Licensing, Inc.:
`
`Backup Counsel
`Julie M. Holloway
`Reg. No. 44,769
`Latham & Watkins LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, California 94111-6538
`Telephone: (415) 391-0600
`Facsimile: (415) 395-8095
`E-mail: julie.holloway@lw.com
`
`Lead Counsel
`Jonathan D. Link
`Reg. No. 41,548
`Latham & Watkins LLP
`555 11th Street, NW
`Suite 1000
`Washington, D.C. 20004-1304
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`E-mail: jonathan.link@lw.com
`
`and on the following counsel of record for Petitioner Microsoft Corporation in
`IPR2015-00074:
`Lead Counsel
`Joseph A. Micallef
`Reg. No. 39,772
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, DC 20005
`E-mail: jmicallef@sidley.com
`Telephone: (202) 736-8492
`
`Backup Counsel
`Douglas I. Lewis
`Reg. No. 39,748
`Sidley Austin LLP
`One South Dearborn
`Chicago, IL 60603
`E-mail: dilewis@sidley.com
`Telephone: (312) 853-4169
`
`Scott Border
`Sidley Austin LLP
`1501 K Street, N.W.
`Washington, DC 20005
`E-mail: sborder@sidley.com
`Telephone: (202) 736-8818
`
`
`
`/s/ Charles M. McMahon
`Charles M. McMahon
`
`
`
`1
`
`
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