Paper 14
`Trials@uspto.gov
`571-272-7822
`
` Entered: October 15, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE GILLETTE COMPANY,
`Petitioner,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Cases IPR2014-00578
`IPR2014-00604
`Patent 6,896,775 B21
`____________
`
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`
`TURNER, Administrative Patent Judge.
`
`
`
`SCHEDULING ORDER
`
`
`
`
`
`1 This Order sets forth the same trial schedule for each of the above-
`identified cases. Therefore, we issue one Order to be entered in both cases.
`The parties, however, are not authorized to use this style of heading in
`subsequent papers.
`
`
`Trials@uspto.gov
`571-272-7822
`
` Entered: October 15, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE GILLETTE COMPANY,
`Petitioner,
`
`v.
`
`ZOND, LLC,
`Patent Owner.
`____________
`
`Cases IPR2014-00578
`IPR2014-00604
`Patent 6,896,775 B21
`____________
`
`
`
`Before KEVIN F. TURNER, DEBRA K. STEPHENS, JONI Y. CHANG,
`SUSAN L.C. MITCHELL, and JENNIFER M. MEYER,
`Administrative Patent Judges.
`
`
`TURNER, Administrative Patent Judge.
`
`
`
`SCHEDULING ORDER
`
`
`
`
`
`1 This Order sets forth the same trial schedule for each of the above-
`identified cases. Therefore, we issue one Order to be entered in both cases.
`The parties, however, are not authorized to use this style of heading in
`subsequent papers.
`
`
`
`Cases IPR2014-00578, IPR2014-00604
`Patent 6,896,775 B2
`
`I. DUE DATES
`
`This order sets due dates for the parties to take action after institution
`
`of the proceeding. 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 the 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 II, below).
`
`The parties are reminded that the Testimony Guidelines appended to
`
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug.
`
`14, 2012) (Appendix D), apply to this proceeding. 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.
`
`A. INITIAL CONFERENCE CALL
`
`The parties are directed to the Office Patent Trial Practice Guide,
`
`77 Fed. Reg. at 48,765–66 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.
`
`
`
`Cases IPR2014-00578, IPR2014-00604
`Patent 6,896,775 B2
`
`B. DUE DATE 1
`
`The patent owner may file—
`
`1.
`
`2.
`
`A response to the petition (37 C.F.R. § 42.120), and
`
`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 in the
`
`response will be deemed waived.
`
`C. 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.
`
`D. 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.
`
`E. DUE DATE 4
`
`1.
`
`Each party must file any motion for an observation on the
`
`cross-examination testimony of a reply witness (see section III, below) by
`
`DUE DATE 4.
`
`2.
`
`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.
`
`
`
`Cases IPR2014-00578, IPR2014-00604
`Patent 6,896,775 B2
`
`F. DUE DATE 5
`
`1.
`
`Each party must file any response to an observation on cross-
`
`examination testimony by DUE DATE 5.
`
`2.
`
`Each party must file any opposition to a motion to exclude
`
`evidence by DUE DATE 5.
`
`G. DUE DATE 6
`
`Each party must file any reply for a motion to exclude evidence by
`
`DUE DATE 6.
`
`H. DUE DATE 7
`
`The oral argument (if requested by either party) is set for DUE
`
`DATE 7.
`
`II. CROSS-EXAMINATION
`
`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).
`
`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.
`
`III. 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 because no further substantive
`
`paper is permitted after the reply. See Office Patent Trial Practice Guide,
`
`77 Fed. Reg. at 48,768. The observation must be a concise statement of the
`
`
`
`Cases IPR2014-00578, IPR2014-00604
`Patent 6,896,775 B2
`
`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.
`
`
`
`Cases IPR2014-00578, IPR2014-00604
`Patent 6,896,775 B2
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ............ November 13, 2014 at 2:00PM ET
`
`DUE DATE 1 .................................................................. December 15, 2014
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 .................................................................... February 17, 2015
`
`Petitioner’s reply to patent owner’s response to petition
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ........................................................................ March 16, 2015
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ............................................................................ April 6, 2015
`
`Motion for observation regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`DUE DATE 5 .......................................................................... April 20, 2015
`
`Response to observation
`
`Opposition to motion to exclude
`
`DUE DATE 6 .......................................................................... April 27, 2015
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ........................................................................... May 26, 2015
`
`Oral argument (if requested)
`
`
`
`
`
`
`
`Cases IPR2014-00578, IPR2014-00604
`Patent 6,896,775 B2
`
`PETITIONER:
`
`Michael A. Diener
`Larissa B. Park
`Wilmer, Cutler, Pickering, Hale and Dorr, LLP
`michael.diener@wilmerhale.com
`larissa.park@wilmerhale.com
`
`PATENT OWNER:
`
`Gregory Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`
`
`Bruce Barker
`Chao Hadidi Stark & Barker LLP
`bbarker@chsblaw.com
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