`Tel: 571-272-7822
`
`Paper 19
`Entered: June 16, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`K.J. PRETECH CO., LTD,
`Petitioner,
`
`v.
`
`
`
`
`INNOVATIVE DISPLAY TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Cases1
` IPR2015-01866 (Patent 8,215,816)
`IPR2015-01867 (Patent 7,537,370)
`IPR2015-01868 (Patent 7,434,974)
`______________
`
`Before MIRIAM L. QUINN and BEVERLY M. BUNTING,
`Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`REVISED SCHEDULING ORDER
`
`
`1 This Order addresses issues that are the same in each case. Therefore, we
`exercise our discretion to issue one Decision to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`IPR2015-01866 (Patent 8,215,816)
`IPR2015-01867 (Patent 7,537,370)
`IPR2015-01868 (Patent 7,434,974)
`
`
`A conference call in the above-referenced cases occurred on June 8,
`2016. Respective counsel for Petitioner and Patent Owner, and Judges
`Giannetti, Quinn, and Bunting were in attendance. In an email to the panel
`dated June 7, 2016, Patent Owner requested the call, seeking permission to
`file a motion requesting modification to Due Date 7, i.e., oral argument, in
`the Scheduling Order (Paper 16)2. Additionally, the parties are unable to
`agree to Patent Owner’s request to modify Due Date 1.
`Patent Owner first notified the Board of a potential conflict between
`the scheduled oral argument date of December 13, 2016, and the December
`5, 2016 trial date in the related district court proceeding, during the initial
`conference call that took place on April 18, 2016. Paper 17, 2. At that time,
`Patent Owner requested that the final hearing date be delayed by one week.
`We denied the request as premature due to the pending stay motion in
`district court, indicating that we may be revisiting this matter, depending on
`the outcome of that stay motion. Id.
`During the call, Patent Owner confirmed that the stay motion had
`been denied, and trial scheduled for December 5, 2016. Patent Owner
`anticipates the referred to district court trial will last about a week.
`Petitioner opposes a delay in oral argument, and instead proposes moving
`the date up a few weeks.
`We note that the proposed trial date in the related district court
`proceeding was set prior to our oral argument date. Thus, we agree to revise
`
`
`2 For purposes of convenience, we refer only to papers in IPR2015-01866.
`
`2
`
`
`
`IPR2015-01866 (Patent 8,215,816)
`IPR2015-01867 (Patent 7,537,370)
`IPR2015-01868 (Patent 7,434,974)
`
`
`Due Date 7 in the Scheduling Order to January 10, 2017, as indicated in the
`REVISED DUE DATE APPENDIX that follows.
`With respect to Due Date 1, the scheduled date for Patent Owner’s
`response to the petition and Patent Owner’s motion to amend the patent,
`Patent Owner would like to extend the date from June 17, 2016 to July 1,
`2016, due to the unavailability of its expert. Petitioner opposes this request.
`After hearing the parties’ arguments in this regard, the panel agrees to an
`extension of Due Date 1 to July 1, 2016. Due date 2 is now October 3, 2016.
`Dues Dates 3-6 are unchanged.
`
`
`
`
`
`
`3
`
`
`
`IPR2015-01866 (Patent 8,215,816)
`IPR2015-01867 (Patent 7,537,370)
`IPR2015-01868 (Patent 7,434,974)
`
`
`REVISED DUE DATE APPENDIX
`
`DUE DATE 1 ............................................................................... July 1, 2016
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ........................................................................ October 3, 2016
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3…………………………………………... October 17, 2016
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ........................................................... …... November 17, 2016
`Motion for observation regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ............................................................... November 21, 2016
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 ................................................................... November 28, 2016
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ........................................................................ January 10, 2017
`Oral argument (if requested)
`
`
`4
`
`
`
`5
`
`IPR2015-01866 (Patent 8,215,816)
`IPR2015-01867 (Patent 7,537,370)
`IPR2015-01868 (Patent 7,434,974)
`
`
`PETITIONER:
`
`Robert G. Pluta
`Amanda K. Streff
`Baldine B. Paul
`Anita Y. Lam
`Saqib J. Siddiqui
`MAYER BROWN LLP
`rpluta@mayerbrown.com
`astreff@mayerbrown.com
`bpaul@mayerbrown.com
`alam@mayerbrown.com
`ssiddiqui@mayerbrown.com
`
`
`
`PATENT OWNER:
`
`Justin B. Kimble
`Terry A. Saad
`Nicholas C. Kliewer
`BRAGALONE CONROY P.C.
`jkimble@bcpc-law.com
`tsaad@bcpc-law.com
`nkliewer@bcpc-law.com
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