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Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`Paper 18
`Entered: September 29, 2015
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TRW AUTOMOTIVE U.S. LLC,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS INC.,
`Patent Owner.
`____________
`
`Case IPR2015-004361
`Patent 8,599,001 B2
`____________
`
`
`
`Before JUSTIN T. ARBES, BART A. GERSTENBLITH, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`1 Cases IPR2015-00437, IPR2015-00438, and IPR2015-00439 have been
`consolidated with this proceeding.
`
`

`
`IPR2015-00436
`Patent 8,599,001 B2
`
`
`A conference call in the above proceeding was held on September 25,
`2015, among respective counsel for Petitioner and Patent Owner, and Judges
`Arbes, Gerstenblith, and Ippolito. Patent Owner initiated the conference call
`to seek an extension of the deadline for submitting its Response (DUE
`DATE 1) from October 9 to October 20, 2015. See Paper 11, 6. Patent
`Owner argued that it needs additional time to prepare and review the
`Response due to the size of the four Petitions involved in this consolidated
`proceeding and Patent Owner’s obligations in other inter partes reviews
`involving the same parties. Petitioner responded that no extension should be
`granted because doing so would require extending the January 11, 2016
`deadline for Petitioner’s Reply (DUE DATE 2), and the parties are
`scheduled for trial in the related district court case in early February 2016.
`After hearing from the parties, we concluded that good cause exists
`for a small extension of the deadlines and that such an extension would not
`unduly prejudice either party. See 37 C.F.R. § 42.5(c)(2). The deadline for
`Patent Owner to file its Response is extended to October 13, 2015, and the
`deadline for Petitioner to file its Reply is extended to January 19, 2016. If
`necessary, the parties may stipulate to different dates for DUE DATES 4 and
`5 in the Scheduling Order, provided the dates are no later than DUE
`DATE 6. Finally, as explained during the call, the parties are expected to
`make their declarants available for deposition promptly and at a convenient
`time for the opposing party to avoid any further scheduling disputes.
`In consideration of the foregoing, it is hereby:
`ORDERED that DUE DATE 1 in the Scheduling Order (Paper 11)
`is changed to October 13, 2015, DUE DATE 2 is changed to January 19,
`2016, and all other due dates are unchanged.
`
`
`
`2
`
`

`
`IPR2015-00436
`Patent 8,599,001 B2
`
`PETITIONER:
`
`A. Justin Poplin
`Timothy K. Sendek
`Allan Sternstein
`Jon Trembath
`Douglas W. Link
`LATHROP & GAGE LLP
`patent@lathropgage.com
`TSendek@lathropgage.com
`ASternstein@lathropgage.com
`jtrembath@lathropgage.com
`dlink@lathropgage.com
`
`
`
`PATENT OWNER:
`
`David K.S. Cornwell
`Jason D. Eisenberg
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`davidc-PTAB@skgf.com
`jasone-PTAB@skgf.com
`
`Timothy A. Flory
`Terence J. Linn
`GARDNER, LINN, BURKHART & FLORY, LLP
`Flory@glbf.com
`linn@glbf.com
`
`
`
`
`
`3

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