Trials@uspto.gov Paper No. 10 Paper 9
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`571-272-7822
`Date Entered: January 6, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`BOCKSTAR TECHNOLOGIES LLC,
`Patent Owner.
`
`
`Case IPR2014-01167
`Patent 6,778,653 B1
`
`
`
`Before JAMESON LEE, JEREMY M. PLENZLER, and KEVIN W. CHERRY,
`Administrative Patent Judges.
`
`
`CHERRY, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`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
`
`
`
`
`
`571-272-7822
`Date Entered: January 6, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`BOCKSTAR TECHNOLOGIES LLC,
`Patent Owner.
`
`
`Case IPR2014-01167
`Patent 6,778,653 B1
`
`
`
`Before JAMESON LEE, JEREMY M. PLENZLER, and KEVIN W. CHERRY,
`Administrative Patent Judges.
`
`
`CHERRY, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`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
`
`
`
`
`
`IPR2014-01167
`Patent 6,778,653 B1
`
`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 Testimony Guidelines appended to the Office Patent Trial Practice
`
`Guide, 77 Fed. Reg. 48,756, 48,772 (Aug. 14, 2012) (Appendix D), applies to this
`
`proceeding. The Board may impose sanctions 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. INITIAL CONFERENCE CALL
`
`The Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,765–66
`
`(Aug. 14, 2012) contains 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.
`
`2. DUE DATE 1
`
`The patent owner may file—
`
`a.
`
`b.
`
`A response to the petition (37 C.F.R. § 42.120), and
`
`A motion to amend the patent (37 C.F.R. § 42.121).
`
`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
`
`
`
`2
`
`
`
`IPR2014-01167
`Patent 6,778,653 B1
`
`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
`
`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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`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
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`Each party must file any reply for a motion to exclude evidence by DUE
`
`DATE 6.
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`8. DUE DATE 7
`
`The oral argument (if requested by either party) is set for DUE DATE 7.
`
`
`
`3
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`
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`IPR2014-01167
`Patent 6,778,653 B1
`
`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.
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`Cross-examination ends no later than a week before the filing date for
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`any paper in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`
`A motion for observation on cross-examination provides the parties with a
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`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 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.
`
`
`
`4
`
`
`
`IPR2014-01167
`Patent 6,778,653 B1
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ........... January 26, 2015, at 11:00 AM ET
`
`DUE DATE 1 ......................................................................... March 20, 2015
`
`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 .............................................................................. June 3, 2015
`
`Petitioner’s reply to patent owner’s response to petition
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ............................................................................... July 6, 2015
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ............................................................................. July 20, 2015
`
`Motion for observation regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`DUE DATE 5 ........................................................................... August 3, 2015
`
`Response to observation
`
`Opposition to motion to exclude
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`DUE DATE 6 ......................................................................... August 10, 2015
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ......................................................................... August 19, 2015
`
`Oral argument (if requested)
`
`
`
`
`
`
`
`5
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`
`
`IPR2014-01167
`Patent 6,778,653 B1
`
`
`
`PETITIONER:
`Barton E. Showalter
`Chad C. Walters
`Douglas M. Kubehl
`Baker Botts L.L.P.
`bart.showalter@bakerbotts.com
`chad.walters@bakerbotts.com
`doug.kubehl@bakerbotts.com
`
`
`
`PATENT OWNER:
`Andrea Reister
`Gregory Discher
`Jay Alexander
`Covington & Burling LLP
`areister@cov.com
`gdischer@cov.com
`jalexander@cov.com
`
`
`
`
`
`
`
`
`
`
`6
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`
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