throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`Paper 13
`Date: September 16, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`GOOGLE INC., SAMSUNG TELECOMMUNICATIONS
`AMERICA, LLC, SAMSUNG ELECTRONICS AMERICA, INC.,
`and SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`MICROGRAFX, LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-00532 (Patent 5,959,633)
`Case IPR2014-00533 (Patent 6,057,854)
`Case IPR2014-00534 (Patent 6,552,732 B1)1
`
`_______________
`
`
`
`Before RICHARD E. RICE and BARBARA A. PARVIS,
`Administrative Patent Judges.
`
`RICE, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 We exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`

`
`IPR2014-00532 (Patent 5,959,633)
`IPR2014-00533 (Patent 6,057,854)
`IPR2014-00534 (Patent 6,552,732 B1)
`
`
`
`On September 15, 2014, the initial conference call was held in related
`
`
`
`Cases IPR2014-532, IPR2014-533, and IPR2014-534, between counsel for
`
`the respective parties and Judges Rice and Parvis. The purpose of the initial
`
`conference call was to discuss the Scheduling Order and any motions that
`
`the parties anticipated filing during the trial. See Office Patent Trial Practice
`
`Guide, 77 Fed. Reg. 48,756, 48,765 (Aug. 14, 2012).
`
`
`
`Motions
`
`Neither party sought authorization to file a motion. As explained
`
`during the call, 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 Petitioner’s counsel to discuss the proposed motion to amend.
`
`See 37 C.F.R. § 42.121(a).
`
`If a party seeks authorization to file a motion not contemplated
`
`specifically in the Scheduling Order, the party requesting such authorization
`
`must arrange a conference call with opposing counsel and the Board.
`
`
`
`Schedule
`
`Except as noted below, neither party identified an issue with the
`
`Scheduling Orders entered August 12, 2014. See IPR2014-532 (Paper 12);
`
`IPR2014-533 (Paper 12); IPR2014-534 (Paper 12).
`
`To the extent issues arise with respect to DUE DATES 1-5 identified
`
`in any of the Scheduling Orders, the parties are reminded that, without
`
`obtaining prior authorization from the panel, they may stipulate to different
`
`dates for DUE DATES 1-5, as provided in the Scheduling Order, by filing
`
`2
`
`
`

`
`IPR2014-00532 (Patent 5,959,633)
`IPR2014-00533 (Patent 6,057,854)
`IPR2014-00534 (Patent 6,552,732 B1)
`
`
`an appropriate notice with the Board. The parties may not stipulate to any
`
`
`
`other changes to the Scheduling Order.
`
`The parties indicated that they would be filing with the Board in the
`
`near future papers reflecting stipulated schedule changes to accommodate a
`
`deposition.
`
`
`
`The parties had nothing to report with respect to settlement.
`
`Settlement
`
`It is hereby
`
`Order
`
`ORDERED that no motions are authorized at this time.
`
`
`
`
`
`
`
`3
`
`
`

`
`IPR2014-00532 (Patent 5,959,633)
`IPR2014-00533 (Patent 6,057,854)
`IPR2014-00534 (Patent 6,552,732 B1)
`
`
`For PETITIONER:
`
`
`
`4
`
`
`
`John Phillips
`phillips@fr.com
`
`Michael Hawkins
`Hawkins@fr.com
`
`
`
`For PATENT OWNER
`
`Douglas Wilson
`dwilson@hpcllp.com
`
`Michael Heim
`mheim@hpcllp.com
`
`Nathan Davis
`ndavis@hpcllp.com

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