`571-272-7822
`
`
`
`
`
`Paper 17
`Entered: July 21, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`APPLE INC.,
`SAMSUNG ELECTRONICS LTD, and
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner,
`
`v.
`
`E-WATCH, INC.
`Patent Owner.
`____________
`
`Case IPR2015-004141
`Patent 7,643,168 B2
`____________
`
`
`Before GREGG I. ANDERSON and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`1 Case IPR2015-00611 has been joined with this proceeding.
`
`
`
`IPR2015-00414
`Patent 7,643,168 B2
`
`
`An initial conference call in the above proceeding was held on July
`21, 2015, between respective counsel for the parties and Judges Anderson
`and Clements.
`Prior to the call, neither party filed a proposed motions list.
`Petitioner’s objection to Patent Owner’s Exhibit 2001 (Paper 16)
`filed with Patent Owner’s Preliminary Response was discussed. The
`parties will meet in an attempt to resolve the need for the objection in
`view of the fact that trial has been instituted.
`The parties were directed to the rule regarding routine
`discovery, specifically the provision requiring production of
`relevant inconsistent information. In connection with both that
`provision, as well as other matters over which there might be
`disagreement between the parties, the parties are to meet and confer
`prior to bringing any matter to the attention of the Board. The meet
`and confer obligation is to be met by a good faith exchange of
`communication, preferably by telephone.
`The parties were further directed to a new decision governing
`how Patent Owner should proceed if it chooses to file a motion to
`amend claims. The decision is Masterimage 3D, Inc. v. Reald Inc.,
`IPR2015-00040, Paper 42 (PTAB July 15, 2015).
`Currently, neither party seeks changes to the Scheduling Order. To
`the extent that issues arise with DUE DATES 1–5, the parties are
`reminded that, without obtaining prior authorization from the Board, they
`may stipulate to different dates for DATES 1–5, as provided in the
`Scheduling Order, by filing an appropriate notice with the Board. The
`parties may not stipulate to any other changes to the Scheduling Order.
`
`2
`
`
`
`IPR2015-00414
`Patent 7,643,168 B2
`
`
`
`PETITIONER APPLE:
`
`Brian Buroker
`Blair Silver
`BBuroker@gibsondunn.com
`bsilver@gibsondunn.com
`
`PETITIONER SAMSUNG:
`
`Steven Park
`Naveen Modi
`Elizabeth Brann
`stevenpark@paulhastings.com
`naveenmodi@paulhastings.com
`elizabethbrann@paulhastings.com
`
`PATENT OWNER:
`
`Robert C. Curfiss
`David O. Simmons
`bob@curfiss.com
`dsimmons1@sbcglobal.net
`
`
`
`3
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