Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`Paper No. 9
` Entered: February 16, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SHENZHEN HUIDING TECHNOLOGY CO., LTD.,
`Petitioner,
`
`v.
`
`SYNAPTICS INCORPORATED,
`Patent Owner.
`_______________
`
`Case IPR2015-01740
`Patent 8,952,916 B2
`_______________
`
`
`
`Before JAMESON LEE, BART A. GERSTENBLITH, and
`CHARLES J. BOUDREAU Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`571.272.7822
`
`
`
`
`
`Paper No. 9
` Entered: February 16, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SHENZHEN HUIDING TECHNOLOGY CO., LTD.,
`Petitioner,
`
`v.
`
`SYNAPTICS INCORPORATED,
`Patent Owner.
`_______________
`
`Case IPR2015-01740
`Patent 8,952,916 B2
`_______________
`
`
`
`Before JAMESON LEE, BART A. GERSTENBLITH, and
`CHARLES J. BOUDREAU Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`IPR2015-01740
`Patent 8,952,916 B2
`
`A.
`
`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 the trial.
`
`B. 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 C, below).
`The parties are reminded that the Testimony Guidelines appended to
`the Office Patent Trial Practice Guide, 77 Fed. Reg. at 48,772 (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.
`
`
`
`2
`
`
`
`IPR2015-01740
`Patent 8,952,916 B2
`
`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. If the patent owner intends to file a motion
`to amend, the patent owner must arrange a conference call with the parties
`and the Board two weeks prior to DUE DATE 1.
`
`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
`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 D, 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.
`
`
`
`3
`
`
`
`IPR2015-01740
`Patent 8,952,916 B2
`
`5.
`
`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.
`
`6.
`
`DUE DATE 6
`Each party must file any reply to an opposition 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.
`
`C.
`
`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.
`
`D. 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-
`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. at 48,768. The observation must be a concise statement of the
`relevance of precisely identified testimony to a precisely identified argument
`
`
`
`4
`
`
`
`IPR2015-01740
`Patent 8,952,916 B2
`
`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.
`
`E.
`
`CHANGE TO DEFAULT FILING TIMES
`Notwithstanding the default filing times for an opposition and a reply
`reflected in 37 C.F.R. § 42.25(a):
`(1) an opposition, if any, to a motion to seal is due seven (7) days after
`service of the motion; and
`(2) a reply, if any, to an opposition to a motion to seal is due
`seven (7) days after service of the opposition.
`
`5
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-01740
`Patent 8,952,916 B2
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL .................. March 16, 2016 at 1:00PM ET
`
`DUE DATE 1 ........................................................................... May 3, 2016
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 .......................................................................... July 19, 2016
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 ..................................................................... August 16, 2016
`
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 .................................................................. September 1, 2016
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ................................................................ September 16, 2016
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 ................................................................ September 30, 2016
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 .................................................................... October 20, 2016
`Oral argument (if requested)
`
`
`
`
`
`
`
`6
`
`
`
`IPR2015-01740
`Patent 8,952,916 B2
`
`For PETITIONER:
`
`Bing Ai
`John P. Schnurer
`Kevin J. Patariu
`PERKINS COIE LLP
`ai-ptab@perkinscoie.com
`jschnurer@perkinscoie.com
`kpatariu@perkinscoie.com
`
`For PATENT OWNER:
`
`Robert P. Lord
`Tammy J. Terry
`OSHA LIANG LLP
`lord@oshaliang.com
`terry@oshaliang.com
`
`
`
`
`
`
`
`7
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