`571-272-7822
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` Paper 5
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` Entered: October 10, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HYUNDAI MOTOR COMPANY,
`Petitioner,
`
`v.
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`AMERICAN VEHICULAR SCIENCES LLC,
`Patent Owner.
`
`
`Case IPR2014-01543
`Patent 6,738,697 B2
`
`
`
`Before JAMESON LEE, BARBARA A. PARVIS, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
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`
`
`Order
`Conduct of Proceedings
`37 C.F.R. § 42.5
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`
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`
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`IPR2014-01543
`Patent 6,738,697
`
`
`On October 10, 2014, a conference call was held. The participants
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`were respective counsel for the parties, Judges Lee, Parvis, and Anderson,
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`and counsel for American Honda Motor Co., Inc. The subject matter of the
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`call was a Motion for Joinder (Paper 3), filed by Petitioner, which seeks to
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`join this proceeding with IPR2014-00634. American Honda Motor Co., Inc.
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`is involved in IPR2014-00634.
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`During the conference call, counsel for Petitioner explained that the
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`Petition is essentially literally the same as the Petition filed by American
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`Honda Motor Co., Inc. in IPR2014-00634, except that a portion of that
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`Petition relying on “Fry” as prior art reference has been removed. Counsel
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`for Petitioner further explained that the declaration it has submitted in
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`support of the Petition is by the same declarant relied on by American
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`Honda Motor Co., Inc. in IPR2014-00634. Counsel for Petitioner
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`additionally explained that the declaration testimony submitted in this
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`proceeding is the same as that submitted by American Honda Motor Co.,
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`Inc. in IPR2014-00634, except for the removal of all testimony in support of
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`the ground of unpatentability relying on “Fry” as a prior art reference.
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`Mr. Scott P. McBride indicated that he represents Patent Owner and a
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`mandatory notice will be filed confirming his representation. In addition,
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`Mr. McBride stated that Patent Owner likely would not oppose the Motion
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`for Joinder. Mr. McBride further agreed to a due date of five business days
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`for filing of Patent Owner’s preliminary response or waiver of filing a
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`preliminary response in this proceeding.
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`
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`
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`It is
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`ORDERED Patent Owner have until October 17, 2014, to file any
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`opposition to the Motion to Joinder; and
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`2
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`
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`IPR2014-01543
`Patent 6,738,697
`
`
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`FURTHER ORDERED that the due date for Patent Owner’s
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`preliminary response or waiver of filing a preliminary response is set to
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`October 17, 2014.
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`3
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`
`
`IPR2014-01543
`Patent 6,738,697
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`For PETITIONER:
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`Edward Naidich
`Christopher Kurpinski
`ed.naidich@finnegan.com
`christopher.kurpinski@finnegancom
`
`
`FOR PATENT OWNER:
`
`Brian Roffe, Esq.
`8170 McCormick Boulevard, Suite 223
`Skokie, IL 60076–2914
`
`Thomas J. Wimbiscus
`Scott P. McBride
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`
`
`
`4
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`
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