Trials@uspto.gov
`571-272-7822
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` Paper 14
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` Entered: 17 November 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN MEGATRENDS, INC., MICRO-
`STAR INTERNATIONAL CO., LTD, MSI COMPUTER CORP.,
`GIGA-BYTE TECHNOLOGY CO., LTD., and G.B.T., INC.,
`Petitioners,
`
`v.
`
`KINGLITE HOLDINGS INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-01133
`Patent 5,732,268
`____________
`
`
`
`Before TREVOR M. JEFFERSON, BRIAN J. McNAMARA, and
`J. JOHN LEE, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`
` Paper 14
`
`
`
`
` Entered: 17 November 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN MEGATRENDS, INC., MICRO-
`STAR INTERNATIONAL CO., LTD, MSI COMPUTER CORP.,
`GIGA-BYTE TECHNOLOGY CO., LTD., and G.B.T., INC.,
`Petitioners,
`
`v.
`
`KINGLITE HOLDINGS INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-01133
`Patent 5,732,268
`____________
`
`
`
`Before TREVOR M. JEFFERSON, BRIAN J. McNAMARA, and
`J. JOHN LEE, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`IPR2015-01133
`Patent 5,732,268
`
`I. GENERAL INSTRUCTIONS
`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 filed promptly. 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 II 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
`order if there is a need to hold an initial conference call to discuss proposed
`changes to this Scheduling Order or proposed motions. See Office Patent
`Trial Practice Guide, 77 Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012)
`(guidance in preparing for an initial conference call).
`
`2
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`IPR2015-01133
`Patent 5,732,268
`2. Protective Order
`A protective order does not exist in this proceeding unless the parties
`file one and the Board approves it. If either party files a motion to seal
`before entry of a protective order, a jointly proposed protective order should
`be presented as an exhibit to the motion. We encourage the parties to adopt
`the Board’s default protective order if they conclude that a protective order
`is necessary. See Default Protective Order, Practice Guide, App. B. If the
`parties choose to propose a protective order deviating from the default
`protective order, they must submit the proposed protective order jointly
`along with a marked-up comparison of the proposed and default protective
`orders showing the differences.
`The Board has a strong interest in the public availability of
`proceedings. We advise the parties that redactions to documents filed in this
`proceeding should be limited strictly to isolated passages consisting entirely
`of confidential information, and that the underlying argument or evidence
`must be clearly discernible from the redacted versions. We also advise the
`parties that information subject to a protective order will become public if
`referred to in a final written decision in this proceeding, and that a motion to
`expunge the information will not necessarily prevail over the public interest
`in maintaining a complete and understandable file history. See Practice
`Guide, at 48,761.
`3. Motions to Amend
`Patent Owner may file a motion to amend without prior authorization
`from the Board. Nevertheless, the Patent Owner must confer with the Board
`before filing such a motion. 37 C.F.R. § 42.121(a). We direct the parties to
`the Board’s website for representative decisions relating to Motions to Amend
`3
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`IPR2015-01133
`Patent 5,732,268
`among other topics. The parties may access these representative decisions at:
`http://www.uspto.gov/ip/boards/bpai/representative_orders_and_opinions.jsp.
`4. Discovery Disputes
`The Panel encourages the parties to resolve disputes relating to
`discovery on their own. To the extent that a dispute arises between the
`parties relating to discovery, the parties shall meet and confer to resolve such
`a dispute before contacting the Board. If attempts to resolve the dispute fail,
`a party may request a conference call with the Board and the other party in
`order to seek authorization to move for relief.
`In any request for a conference call with the Board to resolve a
`discovery dispute, the requesting party shall: (a) certify that it has conferred
`with the other party in an effort to resolve the dispute; (b) identify with
`specificity the issues for which agreement has not been reached; (c) identify
`the precise relief to be sought; and (d) propose specific dates and times at
`which both parties are available for the conference call.
`
`II. DUE DATES
`
`1. 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.
`
`4
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`IPR2015-01133
`Patent 5,732,268
`2. 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.
`3. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to
`the patent owner’s motion to amend by DUE DATE 3.
`4. DUE DATE 4
`a.
`Each party must file any motion for an observation on the
`cross-examination testimony of a reply witness (see section A.7, above) 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.
`5. DUE DATE 5
`a.
`Each party must file any response to a motion for 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.
`6. DUE DATE 6
`Each party must file any reply to a motion to exclude evidence by
`DUE DATE 6.
`7. DUE DATE 7
`The oral argument (if requested by either party) is set for DUE
`DATE 7.
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`5
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`IPR2015-01133
`Patent 5,732,268
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`DUE DATE APPENDIX
`
`DUE DATE 1 ..................................................................... February 18, 2016
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ............................................................................ May 18, 2016
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ............................................................................ June 20, 2016
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ............................................................................. July 11, 2016
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ............................................................................. July 25, 2016
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 .......................................................................... August 1, 2016
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ........................................................................ August 18, 2016
`Oral argument (if requested)
`
`
`
`6
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`IPR2015-01133
`Patent 5,732,268
`PETITIONERS:
`Vivek Ganti
`vg@hkw-law.com
`
`Gregory Ourada
`go@hkw-law.com
`
`PATENT OWNER:
`Christopher Frerking
`chris@ntknet.com
`
`7
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