`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
` Paper 15
`
`
` Entered: June 4, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`
`
`
`Case IPR2015-00412
`Patent 7,365,871 B2
`
`
`
`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`Order
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`IPR2015-00412
`Patent 7,365,871 B2
`
`
`The Board instituted trial in this proceeding on May 11, 2015. Paper
`12. On June 3, 2015, an initial conference call was held. The participants
`were respective counsel for the parties and Judges Lee, Anderson, and
`Clements. Neither party contemplated the filing of any motion at this time,
`and none was discussed. We advised counsel for each party that a proper
`Motion to Exclude Evidence should not include arguments alleging that a
`reply exceeds the scope of a proper reply. If such an issue arises, the parties
`should initiate a joint telephone conference call to the Board. We also
`advised the parties that even if a protective order has been entered in the
`case, a motion to seal is still required to place anything under seal, and that a
`motion to seal would not be granted unless the associated burden of proof
`has been met. In that regard, we directed attention of the parties to Corning
`Optical Commc’ns RF, LLC v. PPC Broadband, Inc., Case IPR2014-00736
`(Papers 37, 38, 40).
`We further advised the parties of the distinction between supplemental
`evidence under 37 C.F.R. § 42.64 and supplemental information under
`37 C.F.R. § 42.123. Supplemental evidence supports the “admissibility” of
`initially submitted evidence and is not itself supplemental information.
`During the conference call, counsel for Petitioner requested that the
`date of scheduled oral argument, currently set as December 8, 2015, be
`changed to December 18, 2015. Counsel for Patent Owner does not oppose
`the proposed change in the date of oral argument, if oral argument will be
`held. We granted the request.
`
`
`
`2
`
`
`
`IPR2015-00412
`Patent 7,365,871 B2
`
`It is
`
`ORDERED that Due Date 6 in the Scheduling Order dated May 11,
`
`2015 (Paper 13) is reset from November 25, 2015, to December 4, 2015, and
`that Due Date 7 in the Scheduling Order dated May 11, 2015 (Paper 13) is
`reset from December 8, 2015, to December 18, 2015.
`
`
`
`
`3
`
`
`
`For PETITIONER:
`
`Brian Buroker
`Blair Silver
`Gibson, Dunn, & Crutcher LLP
`bburoker@gibsondunn.com
`bsilver@gibsondunn.com
`
`
`
`For PATENT OWNER:
`
`Robert C. Curfiss
`bob@curfiss.com
`
`David O. Simmons
`IVC Patent Agency
`dsimmons@sbcglobal.net