`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PETROLEUM GEO-SERVICES INC.
`Petitioner
`
`v.
`
`WESTERNGECO, LLC
`Patent Owner
`
`
`Case IPR2014-00688
`
`U.S. Patent No. 7,080,607
`
`PETROLEUM GEO-SERVICES INC.’S LIST OF
`ANTICIPATED PROPOSED MOTIONS
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Pursuant to the Trial Practice Guide, 77 Fed. Reg. 48,756, 48,765-66
`
`(Aug. 14, 2012), in advance of the initial conference call with the Board scheduled
`
`for Wednesday, January 14, 2015 at 2:00 p.m. EST, Petitioner Petroleum Geo-
`
`Services Inc. (“PGS”) submits the following list of motions that PGS is
`
`considering filing in this matter. The list includes motions that are anticipated as
`
`of the date of this filing. PGS may seek Board authorization to file additional
`
`motions in the future.
`
`A. Motion Concerning Depositions Under 37 C.F.R. § 42.53(c)(2)
`
`The parties have conferred and failed to resolve a single issue regarding the
`
`duration of depositions of witnesses who submit a declaration in multiple
`
`proceedings. PGS asked whether Patent Owner intended to raise any additional
`
`issues during the teleconference and received no indication that Patent Owner
`
`would do so.
`
`PGS filed declarations from Dr. Brian Evans and Dr. Jack Cole in support of
`
`this petition and the petitions filed in IPR2014-00687 and IPR2014-00689. All
`
`three trials involve patents with a common specification, and there is a substantial
`
`amount of overlap between the technology, declarations and prior art at issue in the
`
`three proceedings. Accordingly, PGS proposed to Patent Owner that witnesses
`
`who submit declarations in more than one of the three proceedings be available for
`
`9 hours of cross-examination, 3 hours of re-direct examination, and 2 hours of re-
`
`
`
`
`
`
`
`cross examination. Patent Owner has rejected this proposal and requested that
`
`each witness be available in each of these three proceedings for the default 13
`
`hours of deposition provided for by 37 C.F.R. § 42.53(c)(2)—a total of 39 hours of
`
`allotted deposition time for each witness.
`
`PGS would like to discuss this dispute with the Board during the initial
`
`conference call and, to the extent necessary, PGS may file a motion to address the
`
`timing or manner in which depositions are taken in this proceeding.
`
`B. Motion to Exclude Evidence Under 37 C.F.R. § 42.64(c)
`PGS may file a motion to exclude any exhibit to which it serves objections
`
`pursuant to 37 C.F.R. § 42.64(b)(1), for example, its objections filed December 30,
`
`2014 (Paper No. 35) to certain exhibits submitted in connection with Patent
`
`Owner’s Preliminary Response. The bases for any such motion would be as set
`
`forth in objections served pursuant to 37 C.F.R. § 42.64(b)(1) and expanded upon
`
`in the motion to exclude.
`
`C. Motion for Additional Discovery Under 37 C.F.R. § 42.51(b)(2)
`
`If PGS needs additional discovery and the parties are unable to reach an
`
`agreement regarding such additional discovery, PGS may file a motion for
`
`additional discovery, including in relation to any arguments relating to objective
`
`indicia advanced by patent owner.
`
`
`
`2
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
` /David I. Berl/
`David I. Berl
`Reg. No. 72,751
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`
`Phone: 202-434-5491
`
`
`
`Dated: January 12, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the above-captioned Petroleum Geo-
`
`Services Inc.’s List of Anticipated Proposed Motions was served on January 12,
`
`2015, by delivering a copy via electronic mail upon the following attorneys of
`
`record for the Petitioner:
`
`Scott McKeown
`Oblon, Spivak, McClelland, Maier & Neustadt, LLP
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
`CPDocketMcKeown@oblon.com
`
`Christopher Bullard
`Oblon, Spivak, McClelland, Maier & Neustadt, LLP
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
`CPDocketBullard@oblon.com
`
`
`
`Dated: January 12, 2015
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
` /David I. Berl/
`David I. Berl
`Reg. No. 72,751
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
`
`Phone: 202-434-5491