Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 12
`Entered: May 5, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`SIMPLEAIR, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00180
`Patent 8,601,154 B2
`____________
`
`Before JAMES P. CALVE, JUSTIN T. ARBES, and TINA E. HULSE,
`Administrative Patent Judges.
`
`CALVE, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
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`Tel: 571-272-7822
`
`Paper 12
`Entered: May 5, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`SIMPLEAIR, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00180
`Patent 8,601,154 B2
`____________
`
`Before JAMES P. CALVE, JUSTIN T. ARBES, and TINA E. HULSE,
`Administrative Patent Judges.
`
`CALVE, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
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`
`
`
`IPR2015-00180
`Patent 8,601,154 B2
`
`
`A. DUE DATES
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`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
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`stipulation, specifically identifying the changed due dates, must be promptly filed.
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`The parties may not stipulate to an extension of DUE DATES 6 and 7.
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`In stipulating to different times, the parties should consider the effect of the
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`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.
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`§ 42.53(d)(2)), and to draft papers depending on the evidence and cross-
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`examination testimony (see section B, below).
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`The parties are reminded that the Testimony Guidelines appended to the
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`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug. 14, 2012)
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`(Appendix D), apply to this proceeding. The Board may impose an appropriate
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`sanction for failure to adhere to the Testimony Guidelines. 37 C.F.R. § 42.12. For
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`example, reasonable expenses and attorneys’ fees incurred by any party may be
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`levied on a person who impedes, delays, or frustrates the fair examination of a
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`witness.
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`1.
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`INITIAL CONFERENCE CALL
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`An initial conference call will be held upon request of the parties. The
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`parties are directed to the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
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`48,765–66 (Aug. 14, 2012) for guidance in preparing for the initial conference call,
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`and should be prepared to discuss any proposed changes to this Scheduling Order
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`and any motions the parties anticipate filing during the trial.
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`IPR2015-00180
`Patent 8,601,154 B2
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`2.
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`DUE DATE 1
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`The patent owner may file—
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`
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`a. A response to the petition (37 C.F.R. § 42.120), and
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`b. A motion to amend the patent (37 C.F.R. § 42.121).
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`The patent owner must file any such response or motion to amend by DUE
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`DATE 1. If the patent owner elects not to file anything, the patent owner must
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`arrange a conference call with the parties and the Board. The patent owner is
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`cautioned that any arguments for patentability not raised in the response will be
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`deemed waived.
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`3.
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`DUE DATE 2
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`The petitioner must file any reply to the patent owner’s response and
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`opposition to the motion to amend by DUE DATE 2.
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`4.
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`DUE DATE 3
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`The patent owner must file any reply to the petitioner’s opposition to patent
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`owner’s motion to amend by DUE DATE 3.
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`5.
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`DUE DATE 4
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`a. Each party must file any motion for an observation on the cross-
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`examination testimony of a witness (see section C, below) by DUE DATE 4.
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`b. Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by DUE
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`DATE 4.
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`6.
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`DUE DATE 5
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`a. Each party must file any reply to an observation on cross-examination
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`testimony by DUE DATE 5.
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`b. Each party must file any opposition to a motion to exclude evidence by
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`DUE DATE 5.
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`IPR2015-00180
`Patent 8,601,154 B2
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`7.
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`DUE DATE 6
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`Each party must file any reply to an opposition for a motion to exclude
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`evidence by DUE DATE 6.
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`8.
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`DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE DATE 7.
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`B.
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`CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date—
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`1. Cross-examination begins after any supplemental evidence is due.
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`37 C.F.R. § 42.53(d)(2).
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`2. Cross-examination ends no later than a week before the filing date for
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`any paper in which the cross-examination testimony is expected to be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the parties with a
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`mechanism to draw the Board’s attention to relevant cross-examination testimony
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`of a witness, since no further substantive paper is permitted after the reply. See
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`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,767–68 (Aug. 14,
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`2012). The observation must be a concise statement of the relevance of precisely
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`identified testimony to a precisely identified argument or portion of an exhibit.
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`Each observation should not exceed a single, short paragraph. The parties may
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`respond to the observation. Any response must be equally concise and specific.
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`D. MOTION TO AMEND
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`Notwithstanding the page limits set forth in 37 C.F.R. § 42.24, we hereby
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`expand those limits for the following papers: a motion to amend, if filed in this
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`proceeding, as well as petitioner’s opposition to the motion to amend, each are
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`limited to twenty-five (25) pages; patent owner’s reply to the opposition to the
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`motion to amend is limited to twelve (12) pages; and the claim listing may be
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`IPR2015-00180
`Patent 8,601,154 B2
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`contained in an appendix to the motion to amend, and does not count toward the
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`page limit of the motion. See 37 C.F.R. § 42.5(b).
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`E.
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`PETITIONER’S REPLY
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`Notwithstanding the page limit set forth in 37 C.F.R. § 42.24(c), petitioner’s
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`reply brief to the patent owner response is limited to twenty-five (25) pages. See
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`37 C.F.R. § 42.5(b).
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`IPR2015-00180
`Patent 8,601,154 B2
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`DUE DATE APPENDIX
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`
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`INITIAL CONFERENCE CALL……………………. UPON REQUEST
`
`DUE DATE 1……………………….……………………… July 13, 2015
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
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`DUE DATE 2……………….…………………………........ Sept. 21, 2015
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`Petitioner’s reply to patent owner response to petition
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`Petitioner’s opposition to motion to amend
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`DUE DATE 3………….……………………………………... Oct. 20, 2015
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`Patent owner’s reply to petitioner opposition to motion to amend
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`DUE DATE 4……………………………………………........ Nov. 10, 2015
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`Motion for observation regarding cross-examination of a witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5………….……..………………………………. Nov. 24, 2015
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`Response to observation
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`Opposition to motion to exclude
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`DUE DATE 6……..…….………………………………..…..... Dec. 1, 2015
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`Reply to opposition to motion to exclude
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`DUE DATE 7….……..……………..………………………... Dec. 15, 2015
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`Oral argument (if requested)
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` 7
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`IPR2015-00180
`Patent 8,601,154 B2
`
`
`For PETITIONER:
`
`Michael Messinger
`Mikem-ptab@skgf.com
`
`Joseph Mutschelknaus
`Jmutsche-ptab@skgf.com
`
`
`For PATENT OWNER:
`
`Charles Wieland
`Charles.wieland@bipc.com
`
`Robert Mukai
`Robert.mukai@bipc.com
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