`Tel: 571-272-7822
`
`Paper 36
`Entered: January 21, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PETROLEUM GEO-SERVICES INC.,
`Petitioner
`
`v.
`
`WESTERNGECO LLC,
`Patent Owner
`
`Cases1
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`
`
`
`Before BRYAN F. MOORE, SCOTT A. DANIELS, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`
`
`
`1 This Order addresses issues from the initial conference that are the same in
`all three cases. Therefore, we exercise our discretion to issue one Decision
`to be filed in each case. The parties are not authorized to use this style
`heading for any subsequent papers.
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`
`
`INITIAL CONFERENCE SUMMARY
`The initial conference call for these proceedings was held on January
`14, 2015 including Judges Daniels, Moore, and Bunting, and respective
`counsel for the parties. PGS filed a list of potential motions (IPR2014-
`00687 (Paper 36), IPR2014-00688 (Paper 36), IPR2014-00689 (Paper 35),
`including a proposed motion regarding deposition time dispute.
`WesternGeco did not file a list of potential motions.
`1. Scheduling Order
`
`Neither party identified any concerns with the Scheduling Order or
`proposed any changes to it. The parties are reminded that, without obtaining
`prior authorization from the Board, they may stipulate to different dates for
`DATES 1-52 by filing an appropriate notice with the Board.
`2. Related Proceedings
`
`The parties confirmed that the related District Court action is currently
`ongoing, and that no settlement had been reached.
`3. Protective Order
`
`The parties filed a joint motion for entry of the Default Protective
`Order on September 30, 2014, providing a copy of the Default Protective
`Order. Following an email inquiry by the parties on December 29, 2014, on
`December 30, 2014, the panel indicated in a response email to the parties
`that the Default Protective Order was properly executed. The Default
`Protective Order is entered in these proceedings.
`
`
`
`
`2 The parties may not stipulate to changes for any other DUE DATE.
`
`2
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`4. Discovery
`
`We encouraged the parties to reach agreement on discovery,
`specifically in regards to the current dispute over deposition times. We
`reminded the parties that they may request a conference call with the Board
`only if they cannot reach agreement.
`As requested by the panel during the initial conference, the parties
`indicated in an email on January 16, 2015 that they could not resolve their
`dispute over deposition times for PGS’s witnesses, Dr. Brian J. Evans, and
`Dr. Jack H. Cole. Although 37 C.F.R. § 42.53(c) provides seven hours for
`cross-examination, four hours for redirect examination, and two hours for re-
`cross examination in each proceeding, because the ’520, ’607, and ’967
`patents at issue in these proceedings are related as continuations of
`Application No. 09/787,723, (now U.S. Patent No. 6,932,017), a reasonable
`time period for EACH expert deposition is 17 hours total, including: 12
`hours for cross-examination; 3 hours for redirect examination; and 2 hours
`for re-cross examination.
`PGS is reminded that objections to evidence (IPR2014-00687 (Paper
`35), IPR2014-00688 (Paper 35), IPR2014-00689 (Paper 34), are not to be
`filed with the board, but served on WesternGeco in accordance with 37
`C.F.R. § 42.64(b)(1). Accordingly, the respective papers will be expunged
`from the records of these proceedings.
`
`5. Motion to Amend
`WesternGeco’s counsel indicated that they were familiar with the
`process for making such a motion to amend. Any Motion to Amend must be
`filed by DUE DATE 1 of the Scheduling Order (Feb. 23, 2015).
`WesternGeco is reminded that, should it decide to file a motion to amend, it
`
`3
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`must confer with the Board before filing the motion, and the conference
`should take place at least two weeks before filing the motion to amend.
`
`6. Motion to Exclude
`We remind the parties that motions to exclude evidence are
`extraordinary remedies and not always granted. We encourage the parties to
`consider issues of admissibility of evidence, in light of the Board’s
`experience and diligence in applying appropriate weight to evidence, before
`filing any motion to exclude evidence.
`
`Accordingly, it is
`ORDERED that each deposition of Dr. Brian J. Evans, and Dr. Jack
`H. Cole shall not exceed 17 hours total, including: 12 hours for cross-
`examination; 3 hours for redirect examination; and 2 hours for re-cross
`examination; and
`ORDERED that (IPR2014-00687 (Paper 35), IPR2014-00688 (Paper
`35), IPR2014-00689 (Paper 34), are expunged from the records of these
`proceedings.
`
`4
`
`
`
`IPR2014-00687 (Patent 7,162,967)
`IPR2014-00688 (Patent 7,080,607)
`IPR2014-00689 (Patent 7,293,520)
`PETITIONER:
`
`David Berl
`Christopher Suarez
`Williams & Connolly, LLP
`dberl@wc.com
`csuarez@wc.com
`
`
`
`PATENT OWNER:
`
`
`Scott A. McKeown
`Christopher A. Bullard
`OBLON, SPIVAK, McCLELLAND,
`MAIER & NEUSTADT, L.L.P.
`CPdocketMcKeown@oblon.com
`CPdocketBullard@oblon.com
`
`
`
`5
`
`