Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 14
`Entered: August 27, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SERVICENOW, INC.,
`Petitioner,
`
`v.
`
`HEWLETT-PACKARD COMPANY,
`Patent Owner.
`_______________
`
`Case IPR2015-00718
`Patent 8,224,683 B2
`_______________
`
`Before RAMA G. ELLURU, JO-ANNE M. KOKOSKI, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`Tel: 571-272-7822
`
`Paper 14
`Entered: August 27, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SERVICENOW, INC.,
`Petitioner,
`
`v.
`
`HEWLETT-PACKARD COMPANY,
`Patent Owner.
`_______________
`
`Case IPR2015-00718
`Patent 8,224,683 B2
`_______________
`
`Before RAMA G. ELLURU, JO-ANNE M. KOKOSKI, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`Case IPR2015-00718
`Patent 8,224,683 B2
`
`A. DUE DATES
`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 stipulation, specifically identifying the changed due dates, must
`be promptly filed. The parties may not stipulate to an extension of DUE
`DATES 6 and 7.
`In stipulating to different times, the parties should consider the effect
`of the 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. § 42.53(d)(2)), and to draft papers depending on the
`evidence and cross-examination testimony (see section B, below).
`The parties are reminded that the Testimony Guidelines appended to
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772
`(Aug. 14, 2012) (Appendix D), apply to this proceeding. The Board may
`impose an appropriate sanction for failure to adhere to the Testimony
`Guidelines. 37 C.F.R. § 42.12. For example, reasonable expenses and
`attorneys’ fees incurred by any party may be levied on a person who
`impedes, delays, or frustrates the fair examination of a witness.
`
`1. INITIAL CONFERENCE CALL
`The parties are directed to the Office Patent Trial Practice Guide, 77
`Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012), for guidance in preparing for
`the initial conference call, and should be prepared to discuss any proposed
`changes to this Scheduling Order and any motions the parties anticipate
`filing during this proceeding. If the parties feel it is unnecessary to discuss
`proposed changes to this Scheduling Order or proposed motions, the parties
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`Case IPR2015-00718
`Patent 8,224,683 B2
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`are directed to contact the Board not later than three business days before the
`date of the Initial Conference Call set forth in the Due Date Appendix. If no
`discussion is needed, the initial conference call will be cancelled.
`
`2. DUE DATE 1
`The patent owner may file—
`a.
`A response to the petition (37 C.F.R. § 42.120), and
`b.
`A motion to amend the patent (37 C.F.R. § 42.121).
`The patent owner must file any such response or motion to amend by DUE
`DATE 1. If the patent owner elects not to file anything, the patent owner
`must arrange a conference call with the parties and the Board. The patent
`owner is cautioned that any arguments for patentability not raised in the
`response will be deemed waived.
`
`3. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and
`opposition to the motion to amend by DUE DATE 2.
`
`4. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to
`patent owner’s motion to amend by DUE DATE 3.
`
`5. DUE DATE 4
`a.
`Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see section C, below) by
`DUE DATE 4.
`
`3
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`Case IPR2015-00718
`Patent 8,224,683 B2
`
`Each party must file any motion to exclude evidence (37 C.F.R
`b.
`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
`DUE DATE 4.
`
`6. DUE DATE 5
`a.
`Each party must file any response to an observation on cross-
`examination testimony by DUE DATE 5.
`b.
`Each party must file any opposition to a motion to exclude
`evidence by DUE DATE 5.
`
`7. DUE DATE 6
`Each party must file any reply for a motion to exclude evidence by
`DUE DATE 6.
`
`8. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
`
`B. CROSS-EXAMINATION
`Except as the parties might otherwise agree, for each due date—
`1.
`Cross-examination begins after any supplemental evidence is
`due. 37 C.F.R. § 42.53(d)(2).
`2.
`Cross-examination ends no later than a week before the filing
`date for any paper in which the cross-examination testimony is expected to
`be used. Id.
`
`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
`A motion for observation on cross-examination provides the parties
`with a mechanism to draw the Board’s attention to relevant cross-
`
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`Case IPR2015-00718
`Patent 8,224,683 B2
`
`examination testimony of a reply witness because no further substantive
`paper is permitted after the reply. See Office Patent Trial Practice Guide, 77
`Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). The observation must be a
`concise statement of the relevance of precisely identified testimony to a
`precisely identified argument or portion of an exhibit. Each observation
`should not exceed a single, short paragraph. The opposing party may
`respond to the observation. Any response must be equally concise and
`specific.
`
`D. MOTION TO AMEND
`
`The parties are reminded that 37 C.F.R. § 42.24 was amended
`effective May 19, 2015, and that the page limits that pertain to motions to
`amend are as follows: any motion to amend is limited to 25 pages;
`Petitioner’s opposition to any motion to amend is limited to 25 pages; and
`Patent Owner’s reply to the opposition to any motion to amend is limited to
`12 pages. 37 C.F.R. § 42.24(a)–(c). The claim listing does not count
`towards the page limit for a motion to amend, and may be contained in an
`appendix. 37 C.F.R. § 42.24(a)(1).
`
`PETITIONER’S REPLY
`E.
`Pursuant to 37 C.F.R. § 42.24(c), Petitioner’s reply brief to patent
`
`owner response is limited to 25 pages.
`
`FORMAT AND FILING OF DOCUMENTS
`F.
`The parties are reminded that 37 C.F.R. § 42.6 was amended effective
`
`May 19, 2015, and now requires the use of 14-point, Times New Roman
`proportional font, with normal spacing. The parties should familiarize
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`Case IPR2015-00718
`Patent 8,224,683 B2
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`themselves with the requirements of 37 C.F.R. § 42.6. Any filing that does
`not comply with 37 C.F.R. § 42.6 may be expunged.
`
`
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`Case IPR2015-00718
`Patent 8,224,683 B2
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`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ............... 9/30/15 at 3:00PM Eastern Time
`
`DUE DATE 1 .................................................................................... 11/13/15
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ........................................................................................ 2/5/16
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ........................................................................................ 3/4/16
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ...................................................................................... 3/25/16
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ........................................................................................ 4/8/16
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 ...................................................................................... 4/15/16
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ...................................................................................... 4/28/16
`Oral argument (if requested)
`
`
`7
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`
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`Case IPR2015-00718
`Patent 8,224,683 B2
`
`For PETITIONER:
`
`Heidi L. Keefe
`Andrew C. Mace
`Phillip E. Morton
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`pmorton@cooley.com
`zpatdcdocketing@cooley.com
`
`For PATENT OWNER:
`
`Joseph F. Haag
`Evelyn C. Mak
`WILMER CUTLER PICKERING HALE AND DORR LLP
`Joseph.Haag@wilmerhale.com
`Evelyn.Mak@wilmerhale.com
`WHIPDocketStaff@wilmerhale.com
`:
`
`
`8
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