`571-272-7822
`
`
`
`
`
`Paper No. 5
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HYUNDAI MOTOR COMPANY
`Petitioner
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC
`Patent Owner
`____________
`
`Case IPR2015-00176
`Patent 8,036,788
` ____________
`
`Before JAMESON LEE, BARBARA A. PARVIS, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`Order
`Conduct of Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`Case IPR2015-00176
`Patent 8,036,788
`
`
`On November 3, 2014, a conference call was held. The participants
`were respective counsel for the parties, Judges Parvis and Anderson, and
`counsel for American Honda Motor Co., Inc. The subject matter of the call
`was a Motion for Joinder (Paper 3), filed by Petitioner, which seeks to join
`this proceeding with IPR2014-00629. American Honda Motor Co., Inc. is
`involved in IPR2014-00629.
`During the conference call, counsel for Petitioner explained that the
`Petition is essentially literally the same as the Petition filed by American
`Honda Motor Co., Inc. in IPR2014-00629. Counsel for Petitioner further
`explained that the declaration it has submitted in support of the Petition is by
`the same declarant relied on by American Honda Motor Co., Inc. in
`IPR2014-00629. Counsel for Petitioner additionally explained that the
`declaration testimony submitted in this proceeding is the same as that
`submitted by American Honda Motor Co., Inc. in IPR2014-00629.
`Mr. Scott P. McBride indicated that he represents Patent Owner and a
`mandatory notice will be filed confirming his representation. In addition,
`Mr. McBride stated that Patent Owner likely would not oppose the Motion
`for Joinder, with certain restrictions on Hyundai’s participation in the joined
`proceedings. We authorize the parties to file a stipulation regarding limits on
`Hyundai’s participation. Mr. McBride further agreed to a due date of five
`business days for filing of Patent Owner’s preliminary response or waiver of
`filing a preliminary response in this proceeding.
`It is
`ORDERED Patent Owner have until November 10, 2014, to file any
`opposition to the Motion to Joinder;
`
`
`
`2
`
`
`
`Case IPR2015-00176
`Patent 8,036,788
`
`
`FURTHER ORDERED that the parties are authorized to file a
`stipulation regarding limits of Hyundai’s participation in the joined
`proceedings; and
`FURTHER ORDERED that the due date for Patent Owner’s
`preliminary response or waiver of filing a preliminary response is set to
`November 10, 2014.
`
`PETITIONER:
`
`Edward Naidich
`Christopher Kurpinski
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Ed.Naidich@finnegan.com
`Christopher.Kurpinski@finnegan.com
`
`PATENT OWNER:
`
`Thomas J. Wimbiscus
`MCANDREWS, HELD & MALLOY, LTD.
`500 West Madison St., 34th Floor
`Chicago, IL 60661
`
`Brian Roffe, Esq.
`8170 McCormick Boulevard, Suite 223
`Skokie, IL 60076-2914
`
`Demetrios Anaipakos
`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI & MENSING, P.C.
`1221 McKinney Street, Suite 3460
`Houston, TX 77010
`
`
`
`3
`
`
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