Trials@uspto.gov
`571-272-7822
`
` Paper 13
`
`Entered: September 30, 2014
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY,
`Petitioner
`
`v.
`
`PAICE LLC & THE ABELL FOUNDATION, INC.,
`Patent Owner
`____________
`
`Cases1
`IPR2014-00570 (Patent 8,214,097 B2)
`IPR2014-00571 (Patent 7,104,347 B2)
`IPR2014-00579 (Patent 7,104,347 B2)
`____________
`
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`1 This Order applies to each of the above-listed cases. Although we
`
`issue one order to be docketed in each case, the parties are not authorized to
`use this caption for any subsequent papers.
`
`
`
`571-272-7822
`
` Paper 13
`
`Entered: September 30, 2014
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY,
`Petitioner
`
`v.
`
`PAICE LLC & THE ABELL FOUNDATION, INC.,
`Patent Owner
`____________
`
`Cases1
`IPR2014-00570 (Patent 8,214,097 B2)
`IPR2014-00571 (Patent 7,104,347 B2)
`IPR2014-00579 (Patent 7,104,347 B2)
`____________
`
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`1 This Order applies to each of the above-listed cases. Although we
`
`issue one order to be docketed in each case, the parties are not authorized to
`use this caption for any subsequent papers.
`
`
`
`
`IPR2014-00570 (Patent 8,214,097 B2)
`IPR2014-00571 (Patent 7,104,347 B2)
`IPR2014-00579 (Patent 7,104,347 B2)
`
`This Order sets a schedule for trial, including a date for the initial
`
`conference call and due dates for the parties to take action in this trial. See
`Appendix. The trial will be administered such that pendency before the
`Board is no more than one year after institution. 37 C.F.R. § 42.100(c).
`A.
`INITIAL CONFERENCE CALL
`
`The Appendix specifies a date for the initial conference call. The
`parties are directed to the Office Patent Trial Practice Guide, 77 Fed. Reg.
`48,756, 48,765-66 (Aug. 14, 2012) for guidance in preparing for the initial
`conference call, and should be prepared to discuss any proposed changes to
`this Scheduling Order and any motions the parties anticipate filing during
`the trial.
`B. DUE DATES
`
`The Appendix specifies due dates for the parties to take action in this
`trial. 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 any
`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 C).
`
`The parties are reminded that the Testimony Guidelines appended to
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug.
`2
`
`
`
`IPR2014-00570 (Patent 8,214,097 B2)
`IPR2014-00571 (Patent 7,104,347 B2)
`IPR2014-00579 (Patent 7,104,347 B2)
`
`14, 2012) (Appendix D), apply to this trial. 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.
`
`1. 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 and
`fully briefed in the response will be deemed waived.
`
`2. 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.
`
`3. 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.
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2014-00570 (Patent 8,214,097 B2)
`IPR2014-00571 (Patent 7,104,347 B2)
`IPR2014-00579 (Patent 7,104,347 B2)
`
`4. DUE DATE 4
`
`a. Each party must file any motion for an observation on the
`
`cross-examination testimony of a reply witness (see section D) by DUE
`DATE 4.
`
`b. Each party must file any motion to exclude evidence (37 C.F.R
`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
`DUE DATE 4.
`
`5. DUE DATE 5
`
`a. Each party must file any response to an observation on
`
`cross-examination testimony by DUE DATE 5.
`
`b. Each party must file any opposition to a motion to exclude
`evidence by DUE DATE 5.
`
`6. DUE DATE 6
`
`Each party must file any reply for a motion to exclude evidence by
`
`DUE DATE 6.
`
`
`
`
`7. DUE DATE 7
`Oral argument (if requested by either party) is set for DUE DATE 7.
`
`CROSS-EXAMINATION
`C.
`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).
`
`4
`
`
`
`IPR2014-00570 (Patent 8,214,097 B2)
`IPR2014-00571 (Patent 7,104,347 B2)
`IPR2014-00579 (Patent 7,104,347 B2)
`
`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.
`
`D. 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-examination testimony of a reply witness, since no further substantive
`paper is permitted after the reply. See Office Patent Trial Practice Guide,
`77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). 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
`
`
`
`IPR2014-00570 (Patent 8,214,097 B2)
`IPR2014-00571 (Patent 7,104,347 B2)
`IPR2014-00579 (Patent 7,104,347 B2)
`
`
`APPENDIX
`
`
`INITIAL CONFERENCE CALL……….…. October 30, 2014, 11:00 am ET
`DUE DATE 1………………………………………...……... January 8, 2015
`
`Patent owner’s response to the petition
`
`
`Patent owner’s motion to amend the patent
`DUE DATE 2…………………………………………….......... April 9, 2015
`
`Petitioner’s reply to patent owner’s response to the petition
`
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3………………………………….......……….… April 30, 2015
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`DUE DATE 4………………………………….……………...... May 7, 2015
`
`Motion for observation regarding cross-examination of reply witness
`
`
`Motion to exclude evidence
`
`Request for oral argument
`DUE DATE 5…………………………………...…………….. May 21, 2015
`
`Response to observation
`
`
`Opposition to motion to exclude
`DUE DATE 6…………………………………….………….... May 28, 2015
`
`Reply to opposition to motion to exclude
`DUE DATE 7……………………………………….……….... June 11, 2015
`
`Oral argument (if requested)
`
`
`
`6
`
`
`
`
`
`IPR2014-00570 (Patent 8,214,097 B2)
`IPR2014-00571 (Patent 7,104,347 B2)
`IPR2014-00579 (Patent 7,104,347 B2)
`
`
`FOR PETITIONER:
`
`Frank Angileri
`John Nemazi
`John Rondini
`BROOKS KUSHMAN P.C.
`FPGP010IPR2@brookskushman.com
`jrondini@brookskushman.com
`
`Kevin Greenleaf
`Lissi Mojica
`DENTONS US LLP
`kevin.greenleaf@dentons.com
`lissi.mojica@dentons.com
`
`
`FOR PATENT OWNER:
`
`Timothy W. Riffe
`Kevin E. Greene
`FISH & RICHARDSON P.C.
`riffe@fr.com
`IPR36351-0011IP1@fr.com
`
`
`7
`
`
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