`Tel: 571.272.7822
`
`Paper 19
`Entered: August 19, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SERVICENOW, INC.,
`Petitioner,
`
`v.
`
`HEWLETT-PACKARD COMPANY,
`Patent Owner.
`
`Case IPR2015-00523
`Patent 6,321,229 B1
`
`
`
`
`
`
`
`
`
`Before JUSTIN BUSCH, JAMES B. ARPIN, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`INITIAL CONFERENCE SUMMARY
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`On August 18, 2015, Judges Busch, Arpin, and Parvis held an initial
`conference with counsel for the parties. The following subjects were
`discussed during the conference.
`Scheduling Order
`Neither party raised an objection to the Scheduling Order. We
`reminded the parties that, if the parties stipulate to any changes in Due Dates
`
`
`
`IPR2015-00523
`Patent 6,321,229 B1
`
`1 through 5 of the Scheduling Order, the stipulated dates cannot be later than
`Due Date 6, and the parties promptly must file any joint stipulation
`indicating such changes.1
`Motions
`Prior to the conference call, Patent Owner submitted a paper
`indicating that at this time Patent Owner does not request authorization to
`file any motions other than the motions provided in the Scheduling Order
`and by the Rules. Paper 16. During the call, Patent Owner confirmed that,
`at this time, it does not contemplate filing a motion to amend. We reminded
`Patent Owner that, if Patent Owner should decide to file a motion to amend,
`Patent Owner must request a conference with us, preferably at least two
`weeks prior to the filing due date.
`Petitioner submitted a proposed motions list (Paper 18) requesting
`authorization to file one motion. Specifically, Petitioner requests
`authorization to file a motion to submit supplemental information, under 37
`C.F.R. § 42.123(a), responsive to Patent Owner’s objections regarding two
`prior art references on which we instituted review, i.e., DAVID FOX & TROY
`DOWNING, WEB PUBLISHER’S CONSTRUCTION KIT WITH HTML 3.2 (1996)
`(“Fox”) (Ex. 1004) and BEN FORTA ET AL., THE COLD FUSION WEB
`DATABASE CONSTRUCTION KIT (1997) (“Forta”) (Ex. 1005). The
`information that Petitioner would like to submit includes date-stamped
`copies of excerpts of Fox and Forta as received by the Library of Congress,
`an affidavit, customer reviews, and copyright records. Patent Owner does
`
`
`1 During the call, counsel for each party confirmed that neither party objects
`to the scheduling of the oral hearings for IPR2015-00523 and IPR2015-
`00631 on the same date.
`
`2
`
`
`
`IPR2015-00523
`Patent 6,321,229 B1
`
`not oppose Petitioner’s request. Petitioner indicated that today it will serve
`Patent Owner with this information as supplemental evidence pursuant to 37
`C.F.R. § 42.64(b)(2).
`Petitioner’s request is within one month of the date trial was
`instituted. See 37 C.F.R. § 42.123(a)(1). Accordingly, during the call, we
`authorized Petitioner to file a motion to submit its supplemental information
`responsive to Patent Owner’s objections regarding Fox and Forta, under 37
`C.F.R. § 42.123(a). We authorized five (5) pages for Petitioner’s motion
`and set a due date of Friday, August 21, 2015. Petitioner should include as
`one or more exhibits the supplemental information that is the subject of the
`motion. Because Patent Owner does not oppose Petitioner’s request, we do
`not authorize an opposition or reply.
`Accordingly, it is:
`ORDERED that Petitioner is authorized to file a motion to submit
`supplemental information under 37 C.F.R. § 42.123(a), on or before Friday,
`August 21, 2015, that not to exceed five (5) pages in length; and
`FURTHER ORDERED that no additional motions are authorized at
`this time.
`
`
`
`
`
`3
`
`
`
`IPR2015-00523
`Patent 6,321,229 B1
`
`
`PETITIONER:
`
`Heidi L. Keefe
`Andrew C. Mace
`Phillip Morton
`Mark Weinstein
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`pmorton@cooley.com
`
`PATENT OWNER:
`
`David Cavanaugh
`Owen Allen
`Joseph Haag
`Evelyn Mak
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.cavanaugh@wilmerhale.com
`Owen.allen@wilmerhale.com
`Joseph.haagg@wilmerhale.com
`Evelyn.mak@wilmerhale.com
`
`4
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