Trials@uspto.gov
`571.272.7822
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` Paper No. 9
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` Entered: October 17, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GORDON * HOWARD ASSOCIATES, INC.,
`Petitioner,
`
`v.
`
`LUNAREYE, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00712
`Patent 6,484,035 B2
`____________
`
`
`
`Before MICHAEL W. KIM, GEORGIANNA W. BRADEN, and
`J. JOHN LEE, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
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`SCHEDULING ORDER
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`
`
`571.272.7822
`
`
`
` Paper No. 9
`
` Entered: October 17, 2014
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GORDON * HOWARD ASSOCIATES, INC.,
`Petitioner,
`
`v.
`
`LUNAREYE, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00712
`Patent 6,484,035 B2
`____________
`
`
`
`Before MICHAEL W. KIM, GEORGIANNA W. BRADEN, and
`J. JOHN LEE, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`
`
`
`SCHEDULING ORDER
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`
`IPR 2014-00712
`Patent 6,484,035 B2
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`A. 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 B, 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 a party may be levied on a person who impedes, delays, or
`frustrates the fair examination of a witness.
`
`1. INITIAL CONFERENCE CALL
`The parties are directed to the Office Patent Trial Practice Guide,
`77 Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012) for guidance in preparing
`for the initial conference call. The parties should be prepared to discuss any
`proposed changes to this Scheduling Order and any motions the parties
`anticipate filing during the trial.
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`2
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`IPR 2014-00712
`Patent 6,484,035 B2
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`2. DUE DATE 1
`The patent owner may file—
`a.
`A response to the petition (37 C.F.R. § 42.120), and
`b.
`A motion to amend the patent (37 C.F.R. § 42.121).
`The patent owner must file any such response and/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.
`
`3. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and
`any opposition to the motion to amend by DUE DATE 2.
`
`4. 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.
`
`5. DUE DATE 4
`a.
`Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see section C, below) by
`DUE DATE 4.
`b.
`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.
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`IPR 2014-00712
`Patent 6,484,035 B2
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`6. DUE DATE 5
`a.
`Each party must file any response to an observation on
`cross-examination testimony by DUE DATE 5.
`b.
`Each party must file any opposition to a motion to exclude
`evidence by DUE DATE 5.
`
`7. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`8. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`B. 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.
`
`C. 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. 48,756, 48,768 (Aug. 14, 2012). The
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`IPR 2014-00712
`Patent 6,484,035 B2
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`observation must be a concise statement of the 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.
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`IPR 2014-00712
`Patent 6,484,035 B2
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`DUE DATE APPENDIX
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`INITIAL CONFERENCE CALL ............. November 5, 2014 at 2:00 PM ET
`
`DUE DATE 1 ................................................................... December 17, 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
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`DUE DATE 3 ......................................................................... March 18, 2015
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ............................................................................. April 8, 2015
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
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`DUE DATE 5 ........................................................................... April 22, 2015
`Response to observation
`Opposition to motion to exclude
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`DUE DATE 6 ........................................................................... April 29, 2015
`Reply to opposition to motion to exclude
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`DUE DATE 7 ............................................................................ May 13, 2015
`Oral argument (if requested)
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`6
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`IPR 2014-00712
`Patent 6,484,035 B2
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`PETITIONER:
`
`Rodney B. Carroll
`J. Robert Brown, Jr.
`CONLEY ROSE, P.C.
`rcarroll@dfw.conleyrose.com
`rbrown@dfw.conleyrose.com
`
`PATENT OWNER:
`
`Robb D. Edmonds
`John D. Holman
`EDMONDS & NOLTE, P.C.
`redmonds@edmondsnolte.com
`jholman@edmondsnolte.com
`
`Matthew S. Compton, Jr.
`PREBEG, FAUCETT & ABBOTT PLLC
`mcompton@pfalawfirm.com
`
`7
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