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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PETROLEUM GEO-SERVICES INC.
`Petitioner
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`v.
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`WESTERNGECO, LLC
`Patent Owner
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`Case IPR2014-00689
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`U.S. Patent No. 7,293,520
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`PETROLEUM GEO-SERVICES INC.’S LIST OF
`ANTICIPATED PROPOSED MOTIONS
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`Pursuant to the Trial Practice Guide, 77 Fed. Reg. 48,756, 48,765-66
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`(Aug. 14, 2012), in advance of the initial conference call with the Board scheduled
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`for Wednesday, January 14, 2015 at 2:00 p.m. EST, Petitioner Petroleum Geo-
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`Services Inc. (“PGS”) submits the following list of motions that PGS is
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`considering filing in this matter. The list includes motions that are anticipated as
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`of the date of this filing. PGS may seek Board authorization to file additional
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`motions in the future.
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`A. Motion Concerning Depositions Under 37 C.F.R. § 42.53(c)(2)
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`The parties have conferred and failed to resolve a single issue regarding the
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`duration of depositions of witnesses who submit a declaration in multiple
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`proceedings. PGS asked whether Patent Owner intended to raise any additional
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`issues during the teleconference and received no indication that Patent Owner
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`would do so.
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`PGS filed declarations from Dr. Brian Evans and Dr. Jack Cole in support of
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`this petition and the petitions filed in IPR2014-00687 and IPR2014-00688. All
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`three trials involve patents with a common specification, and there is a substantial
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`amount of overlap between the technology, declarations and prior art at issue in the
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`three proceedings. Accordingly, PGS proposed to Patent Owner that witnesses
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`who submit declarations in more than one of the three proceedings be available for
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`9 hours of cross-examination, 3 hours of re-direct examination, and 2 hours of re-
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`cross examination. Patent Owner has rejected this proposal and requested that
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`each witness be available in each of these three proceedings for the default 13
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`hours of deposition provided for by 37 C.F.R. § 42.53(c)(2)—a total of 39 hours of
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`allotted deposition time for each witness.
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`PGS would like to discuss this dispute with the Board during the initial
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`conference call and, to the extent necessary, PGS may file a motion to address the
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`timing or manner in which depositions are taken in this proceeding.
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`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
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`pursuant to 37 C.F.R. § 42.64(b)(1), for example, its objections filed December 30,
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`2014 (Paper No. 34) to certain exhibits submitted in connection with Patent
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`Owner’s Preliminary Response. The bases for any such motion would be as set
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`forth in objections served pursuant to 37 C.F.R. § 42.64(b)(1) and expanded upon
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`in the motion to exclude.
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`C. Motion for Additional Discovery Under 37 C.F.R. § 42.51(b)(2)
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`If PGS needs additional discovery and the parties are unable to reach an
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`agreement regarding such additional discovery, PGS may file a motion for
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`additional discovery, including in relation to any arguments relating to objective
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`indicia advanced by patent owner.
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`2
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`Dated: January 12, 2015
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`Respectfully submitted,
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` /David I. Berl/
`David I. Berl
`Reg. No. 72,751
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
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`Phone: 202-434-5491
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`3
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the above-captioned Petroleum Geo-
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`Services Inc.’s List of Anticipated Proposed Motions was served on January 12,
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`2015, by delivering a copy via electronic mail upon the following attorneys of
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`record for the Petitioner:
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`Scott McKeown
`Oblon, Spivak, McClelland, Maier & Neustadt, LLP
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
`CPDocketMcKeown@oblon.com
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`Christopher Bullard
`Oblon, Spivak, McClelland, Maier & Neustadt, LLP
`1940 Duke Street
`Alexandria, Virginia 22314
`703-413-3000
`CPDocketBullard@oblon.com
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`Dated: January 12, 2015
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`Respectfully submitted,
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` /David I. Berl/
`David I. Berl
`Reg. No. 72,751
`Williams & Connolly LLP
`725 Twelfth Street, N.W.
`Washington, DC 20005
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`Phone: 202-434-5491
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