`
`Trials@uspto.gov
`
`571-272-7822
` Entered: April 6, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`EDMUND OPTICS, INC.,
`Petitioner,
`
`v.
`
`SEMROCK, INC.,
`Patent Owner.
`
`____________
`
`IPR2014-00583 (Patent 7,068,430 C1)
` IPR2014-00599 (Patent 7,119,960 C1)1
`__________
`
`
`Before WILLIAM A. CAPP, Administrative Patent Judge.
`
`
`
`
`AMENDED SCHEDULING ORDER
`
`
`
`
`
`
`
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`IPR2014-00583 (Patent 7,068,430 C1)
`IPR2014-00599 (Patent 7,119,960 C1)
`
`
`In response to an email request initiated by Patent Owner
`
`(“Semrock”), a teleconference was conducted on April 3, 2015, before
`
`Judge Capp and attended by counsel for both parties. After considering the
`
`remarks and arguments of counsel, we enter the following Order.
`
`Page Limits of Reply Brief
`
`Semrock requested an enlargement of the page limit on its reply brief
`
`in connection with its motion to amend the challenged patent in each
`
`respective case. Petitioner (“Edmund”) opposed the request. In view of, in
`
`large part, a recent revision to our rules, Semrock’s request is GRANTED.
`
`Semrock shall be permitted to submit a reply brief of not more than twelve
`
`(12) pages in length in each of the above captioned cases.
`
`Deposition Errata
`
`Semrock sought clarification of an April 3, 2015, email
`
`communication from our Trial Section authorizing the filing of a deposition
`
`errata sheet in the ’583 case. Semrock’s request for clarification is
`
`GRANTED. Semrock shall also be permitted to submit a deposition errata
`
`sheet in the ’599 case as requested in Semrock’s April 1, 2015, email to our
`
`Trial Section.
`
`Scheduling Order
`
`The parties are in agreement to amend the Scheduling Order in each
`
`of the respective cases in order to accommodate the scheduling of a
`
`deposition on cross-examination of a declarant that is expected to furnish
`
`declaration testimony in support of Semrock’s reply in connection with its
`
`motion to amend in each case. In order to accommodate the taking of this
`
`2
`
`
`
`
`
`IPR2014-00583 (Patent 7,068,430 C1)
`IPR2014-00599 (Patent 7,119,960 C1)
`
`
`deposition and for good cause shown. The Scheduling Order in each
`
`respective case shall be and hereby is AMENDED as follows:
`
`DUE DATE 4:
`
`DUE DATE 5:
`
`DUE DATE 6:
`
`
`
`
`
`
`
`May 4, 2015
`
`May 11, 2015
`
`May 18, 2015.
`
`The parties shall cooperate reasonably to make Semrock’s declarant
`
`available for deposition in sufficient time to allow to Edmund a reasonable
`
`amount of time to submit an observation on cross-examination of such
`
`declarant on or before Due Date 4. Except as amended herein, the original
`
`scheduling order (Paper 10 in the ’583 case and Paper 10 in ’599 case
`
`respectively) shall remain in full force and effect. In particular, if requested
`
`by the parties and subject to further Order by the Board, an oral hearing
`
`shall be conducted in each of these cases, as previously scheduled, on
`
`May 21, 2015 (Due Date 7).
`
`It is hereby ORDERED that:
`
`ORDER
`
`1. Semrock may submit a reply brief in connection with its motion to
`
`amend of up to twelve (12) pages in length in each case;
`
`2. Semrock may submit a deposition errata sheet in the ’599 case;
`
`3. Due Dates 4—6 are amended as set forth hereinabove; and
`
`4. Due Date 7 remains as previously scheduled (May 21, 2015).
`
`
`
`3
`
`
`
`
`
`
`
`
`
`
`
`IPR2014-00583 (Patent 7,068,430 C1)
`IPR2014-00599 (Patent 7,119,960 C1)
`
`
`PETITIONER:
`
`Lynn Rzonca
`rzoncal@ballarsdpahr.com
`
`Daniel Nadel
`nadeld@ballardspahr.com
`
`John Chionchio
`chionchioj@ballardspahr.com
`
`
`
`PATENT OWNER:
`
`James Boyle
`James.boyle@finnegan.com
`
`Anthony Lombardi
`Anthony.lombardi@finnegan.com
`
`
`4
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