Trials@uspto.gov
`5712727822
`
` Paper 15
` Entered: November 9, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY,
`Petitioner,
`
`v.
`
`PAICE LLC & THE ABELL FOUNDATION, INC.,
`Patent Owner.
`____________
`
`Cases
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 B2
`____________
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`CARL M. DeFRANCO, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`5712727822
`
` Paper 15
` Entered: November 9, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FORD MOTOR COMPANY,
`Petitioner,
`
`v.
`
`PAICE LLC & THE ABELL FOUNDATION, INC.,
`Patent Owner.
`____________
`
`Cases
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 B2
`____________
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`CARL M. DeFRANCO, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 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 crossexamination (37 C.F.R.
`§ 42.53(d)(2)), and to draft papers depending on the evidence and crossexamination
`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 contact the Board within a month of this decision if
`there is a need to discuss proposed changes to this Scheduling Order or proposed
`
`motions. To request a conference call, the parties should submit a list of dates and
`times when they are available for a call. If an initial conference call is requested, the
`
`parties should be prepared to discuss any proposed changes to this Scheduling Order
`and any motions the parties anticipate filing during the trial. The parties are directed
`
`to the Office Patent Trial Practice Guide, 77 Fed. Reg. at 48,765–66, for guidance in
`preparing for the initial conference call.
`
`2
`
`
`
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 B2
`
`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.
`b.
`Each party must file any motion to exclude evidence (37 C.F.R
`§ 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.
`
`3
`
`
`
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 B2
`
`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. CROSSEXAMINATION
`
`Except as the parties might otherwise agree, for each due date—
`1.
`Crossexamination begins after any supplemental evidence is due. 37
`C.F.R. § 42.53(d)(2).
`2.
`Crossexamination ends no later than a week before the filing date for
`any paper in which the crossexamination testimony is expected to be used. Id.
`
`C. MOTION FOR OBSERVATION ON CROSSEXAMINATION
`
`A motion for observation on crossexamination provides the parties with a
`mechanism to draw the Board’s attention to relevant crossexamination 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. PROTECTIVE ORDER
`No protective order has been entered in this proceeding. The parties are
`reminded of the requirement for a protective order when filing a motion to seal. 37
`C.F.R. § 42.54. If the parties have agreed to a proposed protective order, including
`the Standing Default Protective Order, 77 Fed. Reg. 48,756, App. B (Aug 14, 2012),
`they should file a signed copy of the proposed protective order with the motion to
`seal. If the parties choose to propose a protective order other than, or departing from,
`4
`
`
`
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 B2
`
`the default Standing Protective Order, they must submit a joint, proposed protective
`order, accompanied by a redlined version based on the default protective order in
`Appendix B to the Board’s Office Patent Trial Practice Guide.
`
`5
`
`
`
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 B2
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ............................................. Upon Request
`
`DUE DATE 1 ....................................................................... January 15, 2016
`
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`DUE DATE 2 ............................................................................. April 8, 2016
`
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`DUE DATE 3 ........................................................................... April 22, 2016
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`DUE DATE 4 ............................................................................ May 13, 2016
`
`Motion for observation regarding crossexamination of reply witness
`Motion to exclude evidence
`Request for oral argument
`DUE DATE 5 ............................................................................ May 27, 2016
`
`Response to observation
`Opposition to motion to exclude
`DUE DATE 6 .............................................................................. June 3, 2016
`
`Reply to opposition to motion to exclude
`
`6
`
`
`
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 B2
`
`DUE DATE 7 ..................................................................... June 27–29, 20161
`
`Oral argument (if requested)
`
`1 This case will be on the same schedule as several other related cases. This order
`
`contemplates scheduling the hearing for this case and the hearings for the related
`cases to occur over no more than a three day time frame from June 27, 2016 to June
`
`29, 2016. The details regarding when the individual hearings will be held for this and
`the related cases within the three day time frame will be forthcoming upon expiration
`
`of DUE DATE 4.
`
`7
`
`
`
`IPR201500606
`IPR201500758
`IPR201500799
`Patent 7,237,634 B2
`
`FOR PETITIONER:
`
`Frank A. Angileri
`Sangeeta G. Shah
`Michael D. Cushion
`Andrew B. Turner
`BROOKS KUSHMAN P.C.
`FPGP0104IPR13@brookskushman.com
`sshah@brookskushman.com
`fangileri@brookskushman.com
`mcushion@brookskushman.com
`aturner@brookskushman.com
`
`Lissi Mojica
`Kevin Greenleaf
`DENTONS US LLP
`iptdocketchi@dentons.com
`
`FOR PATENT OWNER:
`
`Timothy W. Riffe
`Kevin E. Greene
`Ruffin B. Cordell
`Linda L. Kordziel
`Brian J. Livedalen
`FISH & RICHARDSON P.C.
`riffe@fr.com
`IPR363510013IP3@fr.com
`IPR363510015IPA@fr.com
`
`8
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