Paper 9
`Entered: March 6, 2015
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HTC CORPORATION and HTC AMERICA, INC.,
`Petitioner,
`
`v.
`
`FLASHPOINT TECHNOLOGY, INC.,
`Patent Owner.
`_______________
`
`Case IPR2014–01460
`Patent 7,259,783 B2
`_______________
`
`Before JAMES T. MOORE, PATRICK R. SCANLON, and
`STACEY G. WHITE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`
`
`
`Entered: March 6, 2015
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HTC CORPORATION and HTC AMERICA, INC.,
`Petitioner,
`
`v.
`
`FLASHPOINT TECHNOLOGY, INC.,
`Patent Owner.
`_______________
`
`Case IPR2014–01460
`Patent 7,259,783 B2
`_______________
`
`Before JAMES T. MOORE, PATRICK R. SCANLON, and
`STACEY G. WHITE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`IPR2014–01460
`Patent 7,259,783 B2
`
`I. 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 any party may be levied on a person who impedes, delays, or
`
`frustrates the fair examination of a witness.
`
`A. INITIAL CONFERENCE CALL
`
`The parties are directed to the Office Patent Trial Practice Guide, 77
`
`Fed. Reg. at 48,765–66 for guidance in preparing for the initial conference
`
`call, and should be prepared to discuss any proposed changes to this
`
`Scheduling Order and any motions the parties anticipate filing during the
`
`trial.
`
`2
`
`
`
`IPR2014–01460
`Patent 7,259,783 B2
`
`B. 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 cautioned that any arguments for patentability not raised in
`
`the response will be deemed waived.
`
`C. 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.
`
`D. 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.
`
`E. DUE DATE 4
`
`1.
`
`Each party must file any motion for an observation on the
`
`cross-examination testimony of a reply witness (see section III, below) by
`
`DUE DATE 4.
`
`2.
`
`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.
`
`3
`
`
`
`IPR2014–01460
`Patent 7,259,783 B2
`
`F. DUE DATE 5
`
`1.
`
`Each party must file any reply to an observation on cross-
`
`examination testimony by DUE DATE 5.
`
`2.
`
`Each party must file any opposition to a motion to exclude
`
`evidence by DUE DATE 5.
`
`G. DUE DATE 6
`
`Each party must file any reply for a motion to exclude evidence by
`
`DUE DATE 6.
`
`H. DUE DATE 7
`
`The oral argument (if requested by either party) is set for DUE
`
`DATE 7.
`
`II. 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.
`
`III. 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
`
`4
`
`
`
`IPR2014–01460
`Patent 7,259,783 B2
`
`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.
`
`
`
`
`
`5
`
`
`
`IPR2014–01460
`Patent 7,259,783 B2
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ............ April 14, 2015 4:00 p.m. ET
`
`DUE DATE 1 ................................................................... June 1, 2015
`
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ............................................................. August 20, 2015
`
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ....................................................... September 21, 2015
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ........................................................... October 13, 2015
`
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ........................................................... October 26, 2015
`
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 ......................................................... November 2, 2015
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ....................................................... November 16, 2015
`
`Oral argument (if requested)
`
`6
`
`
`
`
`
`
`
`IPR2014–01460
`Patent 7,259,783 B2
`
`
`
`
`PETITIONER:
`Bing Ai, Reg. No. 43,312
`John Schnurer, Reg. No. 52,196
`Kevin Patariu, Reg. No. 63,210
`Vinay Sathe, Reg. No. 55,595
`PERKINS COIE LLP
`Ai-ptab@perkinscoie.com
`JSchnurer@perkinscoie.com
`KPatariu@perkinscoie.com
`
`
`
`PATENT OWNER:
`Glenn E. Forbis, Reg. No. 40,610
`Matthew L. Cutler, Reg. No. 43,574
`HARNESS, DICKEY & PIERCE, PLC
`gforbis@hdp.com
`mcutler@hdp.com
`
`
`
`7
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