Trials@uspto.gov
`571-272-7822
`
` Paper No. 18
`Entered: April 15, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MASTERIMAGE 3D, INC. and
`MASTERIMAGE 3D ASIA, LLC,
`Petitioner,
`
`v.
`
`REALD INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00040
`Patent 8,220,934 B2
`____________
`
`Before JAMESON LEE, JAMES B. ARPIN, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`571-272-7822
`
` Paper No. 18
`Entered: April 15, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MASTERIMAGE 3D, INC. and
`MASTERIMAGE 3D ASIA, LLC,
`Petitioner,
`
`v.
`
`REALD INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00040
`Patent 8,220,934 B2
`____________
`
`Before JAMESON LEE, JAMES B. ARPIN, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`Case IPR2015-00040
`Patent 8,220,934 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
`
`2
`
`
`
`Case IPR2015-00040
`Patent 8,220,934 B2
`
`this Scheduling Order and any motions the parties anticipate filing during
`
`the trial.
`
`B. DUE DATE 1
`
`The patent owner may file—
`
`a.
`
`b.
`
`A response to the petition (37 C.F.R. § 42.220), and
`
`A motion to amend the patent (37 C.F.R. § 42.221).
`
`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.
`
`3
`
`
`
`Case IPR2015-00040
`Patent 8,220,934 B2
`
`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.
`
`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.
`
`4
`
`
`
`Case IPR2015-00040
`Patent 8,220,934 B2
`
`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 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.
`
`IV. MOTION TO AMEND
`
`
`
`Notwithstanding the page limits set forth in 37 C.F.R. § 42.24, we
`
`hereby expand those limits for the following papers: a motion to amend, if
`
`filed in this proceeding, as well as the petitioner’s opposition to the motion
`
`to amend, each are limited to twenty-five (25) pages; the patent owner’s
`
`reply to the opposition to the motion to amend is limited to twelve (12)
`
`pages; and the claim listing may be contained in an appendix to the motion
`
`to amend, and does not count toward the page limit of the motion. See 37
`
`C.F.R. § 42.5(b).
`
`V. PETITIONER’S REPLY
`
`
`
`Notwithstanding the page limit set forth in 37 C.F.R. § 42.24(c), the
`
`petitioner’s reply to the patent owner’s response is limited to twenty-five
`
`(25) pages. See 37 C.F.R. § 42.5(b).
`
`5
`
`
`
`Case IPR2015-00040
`Patent 8,220,934 B2
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL .... May 13, 2015 (11:00 AM, Eastern Time)
`
`DUE DATE 1 ............................................................................ June 29, 2015
`
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 .................................................................. September 14, 2015
`
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ...................................................................... October 12, 2015
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 .................................................................... November 2, 2015
`
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 .................................................................. November 16, 2015
`
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 .................................................................. November 23, 2015
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ................................................................... December 10, 2015
`
`Oral argument (if requested)
`
`6
`
`
`
`Case IPR2015-00040
`Patent 8,220,934 B2
`
`FOR PETITIONER:
`
`Evan Finkel
`Roger Wise
`evan.finkel@pillsburylaw.com
`roger.wise@pillsbury.com
`
`For PATENT OWNER:
`
`Brian McCormack
`William D. McSpadden
`brian.mccormack@bakermckenzie.com
`william.mcspadden@bakermckenzie.com
`
`
`
`
`
`
`7
`
`
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