Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 23
`Entered: November 24, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARRIS GROUP, INC.,
`Petitioner,
`
`v.
`
`C-CATION TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00746
`Patent 5,563,883
`
`
`
`Before KRISTEN L. DROESCH, KALYAN K. DESHPANDE, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`A. INITIAL CONFERENCE CALL
`
`An initial conference call has not been scheduled. Should the parties
`have a need for an initial conference call to discuss substantial changes to
`this Scheduling Order or authorizations for motions, the parties are to jointly
`notify the Board within one month of institution of trial. The parties are
`directed to the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`1
`
`
`
`
`571-272-7822
`
`
`
`
`
`Paper 23
`Entered: November 24, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARRIS GROUP, INC.,
`Petitioner,
`
`v.
`
`C-CATION TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00746
`Patent 5,563,883
`
`
`
`Before KRISTEN L. DROESCH, KALYAN K. DESHPANDE, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`A. INITIAL CONFERENCE CALL
`
`An initial conference call has not been scheduled. Should the parties
`have a need for an initial conference call to discuss substantial changes to
`this Scheduling Order or authorizations for motions, the parties are to jointly
`notify the Board within one month of institution of trial. The parties are
`directed to the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`1
`
`
`
`
`
`IPR2014-00746
`Patent 5,563,883
`48,765–66 (Aug. 14, 2012) for guidance in preparing for the initial
`conference call.
`
`B. 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. at 48,772 (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
`any party may be levied on a person who impedes, delays, or frustrates the
`fair examination of a witness.
`
`1. 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).
`
`
`
`IPR2014-00746
`Patent 5,563,883
`The patent owner must file any such response 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.
`
`2. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and
`opposition to the motion to amend by DUE DATE 2.
`
`3. 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.
`
`4. 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.
`
`5. 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.
`
`
`
`IPR2014-00746
`Patent 5,563,883
`6. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`7. 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. at 48,768. The 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.
`
`
`
`IPR2014-00746
`Patent 5,563,883
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ............................................ Not Scheduled
`
`DUE DATE 1 ....................................................................... February 9, 2015
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ........................................................................... April 28, 2015
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ............................................................................ May 28, 2015
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ............................................................................ June 18, 2015
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ............................................................................... July 2, 2015
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 ............................................................................... July 9, 2015
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ............................................................................. July 21, 2015
`Oral argument (if requested)
`
`
`
`
`
`
`IPR2014-00746
`Patent 5,563,883
`PETITIONER:
`Andrew R. Sommer
`Jonathan E. Retsky
`WINSTON & STRAWN LLP
`asommer@winston.com
`jretsky@winston.com
`
`
`
`PATENT OWNER:
`Lewis V. Popovski
`Jeffrey S. Ginsberg
`David J. Kaplan
`David J. Cooperberg
`KENYON & KENYON LLP
`lpopovski@kenyon.com
`jginsberg@kenyon.com
`djkaplan@kenyon.com
`dcooperberg@kenyon.com
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