Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 27
`Entered: April 23, 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
`IPR2014-01475 (Patent 7,162,967)
`IPR2014-01477 (Patent 7,080,607)
`IPR2014-01478 (Patent 7,293,520)
`
`
`
`
`
`
`
`
`
`
`
`Before SCOTT A. DANIELS, BEVERLY M. BUNTING, and
`BARBARA A. PARVIS, 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 Order to
`be filed in each case. The parties are not authorized to use this style heading
`for any subsequent papers.
`
`
`Tel: 571-272-7822
`
`Paper 27
`Entered: April 23, 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
`IPR2014-01475 (Patent 7,162,967)
`IPR2014-01477 (Patent 7,080,607)
`IPR2014-01478 (Patent 7,293,520)
`
`
`
`
`
`
`
`
`
`
`
`Before SCOTT A. DANIELS, BEVERLY M. BUNTING, and
`BARBARA A. PARVIS, 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 Order to
`be filed in each case. The parties are not authorized to use this style heading
`for any subsequent papers.
`
`
`
`IPR2014-01475 (Patent 7,162,967)
`IPR2014-01477 (Patent 7,080,607)
`IPR2014-01478 (Patent 7,293,520)
`
`
`INITIAL CONFERENCE SUMMARY
`
`The initial conference call for these proceedings was held on
`
`April 13, 2015 including Judges Daniels, Parvis, and Bunting, and
`
`respective counsel for the parties. PGS filed a list of potential motions
`
`(IPR2014-01475 (Paper 24), IPR2014-01477 (Paper 24), IPR2014-01478
`
`(Paper 24)). WesternGeco similarly filed a list of potential motions
`
`(IPR2014-01475 (Paper 23), IPR2014-01477 (Paper 23), IPR2014-01478
`
`(Paper 23)).
`
`
`
`1. Scheduling Order
`
`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. In the discussion that follows,
`
`because of the related discovery matters to a first group of PGS proceedings
`
`IPR 2014-00687–689 involving the same group of patents, we refer to the
`
`present proceedings as the second group of PGS proceedings.
`
`
`
`
`
`3. Protective Order
`
`The parties filed in each one of the second group of PGS proceedings
`
`a joint motion for entry of the Default Protective Order on March 2, 2015,
`
`providing a copy of the Default Protective Order as an exhibit. The joint
`
`motion is granted and the Default Protective Order is entered in the second
`
`group of PGS proceedings.
`
`
`
`4. Discovery
`
`We encouraged the parties to reach agreement on discovery,
`
`specifically in regards to the current dispute over deposition locations and
`
`
`2 The parties may not stipulate to changes for any other DUE DATE.
`
`2
`
`
`
`IPR2014-01475 (Patent 7,162,967)
`IPR2014-01477 (Patent 7,080,607)
`IPR2014-01478 (Patent 7,293,520)
`
`dates. We reminded the parties that they may request a conference call with
`
`the Board only if they cannot reach agreement. We encouraged the parties
`
`to notify the Board by April 21, 2015 if no agreement was reached. The
`
`parties have not notified us of a failure to reach an agreement.
`
`The parties indicated that in light of the second PGS proceedings, as
`
`well as the first PGS proceedings, they were not able to reach agreement on
`
`deposition dates and location for PGS’s witness, Dr. Brian J. Evans. The
`
`parties also could not agree on a deposition location and place for
`
`WesternGeco’s witness, Dr. Michael S. Triantafyllou.
`
`WesternGeco also indicated that its witness, Dr. Michael S.
`
`Triantafyllou, has a strenuous travel schedule, and was unavailable in the
`
`U.S. until May 22nd and 23rd. This is contrary to the stipulation between
`
`the parties in the first group of PGS proceedings where WesternGeco
`
`indicated that it would produce its witness between April 20, 2015, and
`
`May 8, 2015. Paper 38. The concern raised by PGS was that this was
`
`only two weeks prior to its Reply to Patent Owner Response (Due Date 2)
`
`due, June 8, 2015. This is sufficient time to incorporate evidence from
`
`the deposition into the Reply. As we indicated during the call,
`
`Dr. Triantafyllou’s deposition can take place on May 22 and 23 in the U.S.
`
`See 37 C.F.R. § 42.53(d)(2).
`
`Due Date 7 for oral argument will not be moved in either group of
`
`proceedings.
`
`
`
`5. Motion to Amend
`
`WesternGeco’s counsel indicated that they were familiar with the
`
`process for making a motion to amend, and at this time they did not intend to
`
`3
`
`
`
`IPR2014-01475 (Patent 7,162,967)
`IPR2014-01477 (Patent 7,080,607)
`IPR2014-01478 (Patent 7,293,520)
`
`file such a motion. Any Motion to Amend must be filed by DUE DATE 1 of
`
`the Scheduling Order (June 3, 2015). WesternGeco is reminded that, should
`
`it decide to file a motion to amend, it 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 Dr. Triantafyllou’s deposition will take place on or
`
`before May 22 and 23 in the U.S., unless the parties can agree otherwise;
`
`ORDERED that the joint motion for entry of the Default Protective
`
`Order is granted; and
`
`ORDERED that a copy of this Order shall also be filed in the first
`
`PGS proceedings, IPR2014-00687, IPR2014-00688, and IPR2014-00689.
`
`4
`
`
`
`IPR2014-01475 (Patent 7,162,967)
`IPR2014-01477 (Patent 7,080,607)
`IPR2014-01478 (Patent 7,293,520)
`
`PETITIONER:
`
`David Berl
`Jassamyn Berniker
`Christopher Suarez
`Thomas Fletcher
`Williams & Connolly, LLP
`dberl@wc.com
`jberniker@wc.com
`csuarez@wc.com
`tfletcher@wc.com
`
`
`PATENT OWNER:
`
`
`Michael L. Kiklis
`Scott A. McKeown
`Kevin B. Laurence
`Christopher Ricciuti
`Katherine Cappaert
`OBLON, SPIVAK, McCLELLAND,
`MAIER & NEUSTADT, L.L.P.
`CPdocketKiklis@oblon.com
`CPdocketMcKeown@oblon.com
`CPdocketLaurence@oblon.com
`CPdocketRicciuti@oblon.com
`CPdocketCappaert@oblon.com
`
`
`5
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