Trials@uspto.gov
`571-272-7822
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` Paper 13
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` Entered: October 26, 2015
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`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.
`____________
`
`Case IPR2015-00787
`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
`
`
`
`
`
`
`
`571-272-7822
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`
`
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`
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` Paper 13
`
`
`
` Entered: October 26, 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.
`____________
`
`Case IPR2015-00787
`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
`
`
`
`
`
`
`
`
`IPR2015-00787
`Patent 7,237,634 B2
`
`
`
`A. DUE DATES
`
`This order sets due dates for the parties to take action after institution
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`of the proceeding. The parties may stipulate to different dates for DUE
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`DATES 1 through 5 (earlier or later, but no later than DUE DATE 6). A
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`notice of the stipulation, specifically identifying the changed due dates, must
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`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-
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`examination (37 C.F.R. § 42.53(d)(2)), and to draft papers depending on the
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`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
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`impose an appropriate sanction for failure to adhere to the Testimony
`
`Guidelines. 37 C.F.R. § 42.12. For example, reasonable expenses and
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`attorneys’ fees incurred by any party may be levied on a person who
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`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
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`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
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`submit a list of dates and times when they are available for a call. If an
`2
`
`
`
`IPR2015-00787
`Patent 7,237,634 B2
`
`
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`initial conference call is requested, the parties should be prepared to discuss
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`any proposed changes to this Scheduling Order and any motions the parties
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`anticipate filing during the trial. The parties are directed to the Office Patent
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`Trial Practice Guide, 77 Fed. Reg. at 48,765–66, for guidance in preparing
`
`for the initial conference call.
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`2. DUE DATE 1
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`The patent owner may file—
`
`a.
`
`b.
`
`A response to the petition (37 C.F.R. § 42.120), and
`
`A motion to amend the patent (37 C.F.R. § 42.121).
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`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
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`must arrange a conference call with the parties and the Board. The patent
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`owner is cautioned that any arguments for patentability not raised in the
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`response will be deemed waived.
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`3. DUE DATE 2
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`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
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`The patent owner must file any reply to the petitioner’s opposition to
`
`patent owner’s motion to amend by DUE DATE 3.
`
`3
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`
`
`IPR2015-00787
`Patent 7,237,634 B2
`
`
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`5. DUE DATE 4
`
`a.
`
`Each party must file any motion for an observation on the
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`cross-examination testimony of a reply witness (see section C, below) by
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`DUE DATE 4.
`
`b.
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`Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
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`DUE DATE 4.
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`6. DUE DATE 5
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`a.
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`Each party must file any response to an observation on cross-
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`examination testimony by DUE DATE 5.
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`b.
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`Each party must file any opposition to a motion to exclude
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`evidence by DUE DATE 5.
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`7. DUE DATE 6
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`Each party must file any reply for a motion to exclude evidence by
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`DUE DATE 6.
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`8. DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE
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`DATE 7.
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`B. CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date—
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`1.
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`Cross-examination begins after any supplemental evidence is
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`due. 37 C.F.R. § 42.53(d)(2).
`
`4
`
`
`
`IPR2015-00787
`Patent 7,237,634 B2
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`
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`2.
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`Cross-examination ends no later than a week before the filing
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`date for any paper in which the cross-examination testimony is expected to
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`be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the parties
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`with a mechanism to draw the Board’s attention to relevant cross-
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`examination testimony of a reply witness because no further substantive
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`paper is permitted after the reply. See Office Patent Trial Practice Guide, 77
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`Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). The observation must be a
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`concise statement of the relevance of precisely identified testimony to a
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`precisely identified argument or portion of an exhibit. Each observation
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`should not exceed a single, short paragraph. The opposing party may
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`respond to the observation. Any response must be equally concise and
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`specific.
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`
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`D. PROTECTIVE ORDER
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`No protective order has been entered in this proceeding. The parties
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`are reminded of the requirement for a protective order when filing a motion
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`to seal. 37 C.F.R. § 42.54. If the parties have agreed to a proposed protective
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`order, including the Standing Default Protective Order, 77 Fed. Reg. 48,756,
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`App. B (Aug 14, 2012), they should file a signed copy of the proposed
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`protective order with the motion to seal. If the parties choose to propose a
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`protective order other than, or departing from, the default Standing
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`5
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`
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`IPR2015-00787
`Patent 7,237,634 B2
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`
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`Protective Order, they must submit a joint, proposed protective order,
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`accompanied by a red-lined version based on the default protective order in
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`Appendix B to the Board’s Office Patent Trial Practice Guide.
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`
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`6
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`
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`IPR2015-00787
`Patent 7,237,634 B2
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`
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`DUE DATE APPENDIX
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`INITIAL CONFERENCE CALL ............................................. Upon Request
`
`DUE DATE 1 ....................................................................... January 15, 2016
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`Patent owner’s response to the petition
`
`Patent owner’s motion to amend the patent
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`DUE DATE 2 ............................................................................. April 8, 2016
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`Petitioner’s reply to patent owner’s response to petition
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`Petitioner’s opposition to motion to amend
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`DUE DATE 3 ........................................................................... April 22, 2016
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`Patent owner’s reply to petitioner’s opposition to motion to amend
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`DUE DATE 4 ............................................................................ May 13, 2016
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`Motion for observation regarding cross-examination of reply witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5 ............................................................................ May 27, 2016
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`Response to observation
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`Opposition to motion to exclude
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`DUE DATE 6 .............................................................................. June 3, 2016
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`Reply to opposition to motion to exclude
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`7
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`
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`IPR2015-00787
`Patent 7,237,634 B2
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`
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`DUE DATE 7 ..................................................................... June 27–29, 20161
`
`Oral argument (if requested)
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`
`
`
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`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.
`8
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`
`
`IPR2015-00787
`Patent 7,237,634 B2
`
`
`
`FOR PETITIONER:
`
`Frank A. Angileri
`John E. Nemazi
`John P. Rondini
`Erin K. Bowles
`BROOKS KUSHMAN, P.C.
`FPGP0104IPR5@brookskushman.com
`
`Lissi Mojica
`Kevin Greenlef
`DENTONS US LLP
`iptdocketchi@dentons.com
`
`FOR PATENT OWNER:
`
`Timothy W. Riffe
`Kevin E. Greene
`Ruffin B. Cordell
`Riffe@fr.com
`IPR36351-0015IP7@fr.com
`
`
`
`9
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