`571-272-7822
`
`
`
`
` Paper No. 33
` Entered: January 18, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELEKTA INC.
`Petitioner,
`
`v.
`
`VARIAN MEDICAL SYSTEMS, INC.
`Patent Owner.
`____________
`
`Case IPR2016-00317 (Patent 7,945,021 B2)
` Case IPR2016-00476 (Patent 8,116,430 B1)1
`____________
`
`
`
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`Scheduling Order
`37 C.F.R. § 42.5
`
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`
`IPR2016-00317 (Patent 7,945,021 B2)
`IPR2016-00476 (Patent 8,116,430 B1)
`
`
`
`
`On January 17, 2017, the parties contacted the Board via email to
`jointly request authorization to move Due Date 6 (the deadline for any reply
`for a motion to exclude evidence) in IPR2016-00317 and IPR2016-00476
`from February 8, 2017 to February 17, 2017. The joint request explains
`these proceedings are currently scheduled for oral argument on February 28,
`2017 and will coincide with the oral argument in related proceeding
`IPR2016-00547. For deposition scheduling purposes across all three
`proceedings, the parties have agreed to move Due Date 4 (the deadline for
`any motion for observation regarding cross-examination of reply witness,
`any motion to exclude evidence, and any request for oral argument) in
`IPR2016-00317 and IPR2016-00476 to January 27, 2017 to coincide with
`Due Date 4 in IPR2016-00547. The parties have also agreed to move Due
`Date 5 (the deadline for any response to observation and any opposition to a
`motion to exclude) in IPR2016-00317 and IPR2016-00476 to February 10,
`2017 to coincide with Due Date 5 in IPR2016-00547. Accordingly, the
`parties jointly request authorization to move Due Date 6 in IPR2016-00317
`and IPR2016-00476 to February 17, 2017 to coincide with Due Date 6 in
`IPR2016-00547.
`The joint request explains further that the requested modification to
`the schedules would not prejudice the Board’s ability to prepare for the oral
`argument because at this time, neither party intends to file a motion to
`exclude, likely rendering Due Date 6 moot. In the event a party does file a
`motion to exclude, the parties assert that any issues raised in IPR2016-00317
`and IPR2016-00476 would be similar to those raised in IPR2016-00547 in
`which Due Date 6 is already set for February 17, 2017.
`In light of the foregoing, the parties’ joint request is GRANTED.
`
`
`
`2
`
`
`
`IPR2016-00317 (Patent 7,945,021 B2)
`IPR2016-00476 (Patent 8,116,430 B1)
`
`
`
`
`ORDER
`It is ORDERED that the deadline for any reply for a motion to
`exclude evidence (Due Date 6) in IPR2016-00317 and IPR2016-00476 is
`February 17, 2017.
`
`
`
`PETITIONER:
`
`Theresa M. Gillis
`tgillis@mayerbrown.com
`
`Erick J. Palmer
`ejpalmer@mayerbrown.com
`
`Amanda K. Streff
`astreff@mayerbrown.com
`
`PATENT OWNER:
`
`Heidi L. Keefe
`hkeefe@cooley.com
`
`Daniel J. Knauss
`dknauss@cooley.com
`
`Scott A. Cole
`scole@cooley.com
`
`Reuben Chen
`rchen@cooley.com
`
`
`
`3
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