Paper 45
`Entered: May 4, 2017
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners,
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00598
`Patent 7,861,774 B2
`____________
`
`
`
`Before SCOTT A. DANIELS, NEIL T. POWELL and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`REVISED SCHEDULING ORDER
`
`
`
`
`
`Entered: May 4, 2017
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners,
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00598
`Patent 7,861,774 B2
`____________
`
`
`
`Before SCOTT A. DANIELS, NEIL T. POWELL and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`REVISED SCHEDULING ORDER
`
`
`
`
`
`
`IPR2016-00598
`Patent 7,861,774 B2
`
`Much of the briefing has been completed for IPR2016-00598.
`
`Concurrent with this Order, IPR2016-01506 has been joined with this case
`and terminated. This Order sets forth for the joined cases a revised schedule
`that outlines due dates for further briefing, as well as oral argument. As
`outlined in detail below, some of the briefing authorized from this point
`forward will be limited to briefing regarding the grounds instituted in
`IPR2016-01506. For example, Patent Owner will have the opportunity to
`submit a response to the petition for IPR2016-01506, and Petitioner will
`have an opportunity to submit a reply to that response. Both Patent Owner’s
`response and Petitioner’s reply will be limited to the grounds instituted in
`IPR2016-01506. Patent Owner’s previously filed response to the IPR2016-
`00598, as well as Petitioner’s previously filed reply to that response will be
`applied with respect to the grounds raised by the IPR2016-00598 Petition.
`
`
`
`A. DUE DATES
`The Appendix specifies due dates for the parties to take action in this
`
`trial. The parties may stipulate to different dates for DUE DATES 6 through
`11 (earlier or later, but no later than DUE DATE 12). A notice of any
`stipulation, specifically identifying the changed due dates, must be filed
`promptly with the Board. The parties may not stipulate to an extension of
`DUE DATES 12 and 13.
`
`In stipulating to different dates, 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 D, below).
`
`2
`
`
`
`IPR2016-00598
`Patent 7,861,774 B2
`
`
`
`
`
`
`6.
`
`DUE DATE 61
`With respect to issues raised by the Petition in IPR2016-00598, each
`party must file any reply for a motion to exclude evidence by DUE DATE 6.
`
`DUE DATE 7
`7.
`With respect to issues raised by the Petition in IPR2016-01506, 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 7. 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 and
`fully briefed in the response will be deemed waived.
`8.
`DUE DATE 8
`
`With respect to issues raised by the Petition in IPR2016-01506, the
`petitioner must file any reply to the patent owner’s response and opposition
`to the motion to amend by DUE DATE 8.
`
`
`
`DUE DATE 9
`9.
`With respect to issues raised by the Petition in IPR2016-01506, the
`
`patent owner must file any reply to the petitioner’s opposition to patent
`owner’s motion to amend by DUE DATE 9.
`
`3
`
`
`
`
`1 DUE DATES 1–5 have passed.
`
`
`
`IPR2016-00598
`Patent 7,861,774 B2
`
`10. DUE DATE 10
`
`a. With respect to issues raised by the Petition in IPR2016-01506,
`each party must file any motion for an observation on the cross-examination
`testimony of a reply witness (see section E, below) by DUE DATE 10.
`
`b. With respect to issues raised by the Petition in IPR2016-01506,
`each party must file any motion to exclude evidence (37 C.F.R § 42.64(c))
`by DUE DATE 10.
`c. Each party must file any request for oral argument (37 C.F.R.
`§ 42.70(a)) by DUE DATE 10.
`
`
`
`11. DUE DATE 11
`
`a. With respect to issues raised by the Petition in IPR2016-01506,
`each party must file any response to an observation on cross-examination
`testimony by DUE DATE 11.
`
`b. With respect to issues raised by the Petition in IPR2016-01506,
`each party must file any opposition to a motion to exclude evidence by DUE
`DATE 11.
`
`
`
`
`
`6.
`
`DUE DATE 12
`With respect to issues raised by the Petition in IPR2016-01506, each
`party must file any reply for a motion to exclude evidence by DUE DATE
`12.
`
`
`
`13. DUE DATE 13
`
`Oral argument (if requested by either party) is set for DUE DATE 13.
`
`D. CROSS-EXAMINATION
`
`4
`
`
`
`IPR2016-00598
`Patent 7,861,774 B2
`
`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.
`
`The parties are reminded that the Testimony Guidelines appended to
`the Trial Practice Guide, 77 Fed.Reg. at 48,772 (App. D), apply to this
`proceeding. Pursuant to 37 C.F.R. § 42.12, the Board may impose an
`appropriate sanction on any party who fails to adhere to the Testimony
`Guidelines, including reasonable expenses and attorney fees incurred by a
`party affected by another party’s misconduct.
`
`
`
`E. 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 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 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.
`
`
`
`5
`
`
`
`IPR2016-00598
`Patent 7,861,774 B2
`
`
`APPENDIX
`DUE DATE 6…………………………………….…….………. May 5, 2017
`
`With respect to issues raised by the Petition in IPR2016-00598, reply
`to opposition to motion to exclude
`
`DUE DATE 7 ............................................................................ May 31, 2017
`With respect to issues raised by the Petition in IPR2016-01506, patent
`owner’s response to the petition
`With respect to issues raised by the Petition in IPR2016-01506, patent
`owner’s motion to amend the patent
`
`DUE DATE 8 .......................................................................... August 7, 2017
`With respect to issues raised by the Petition in IPR2016-01506,
`petitioner’s reply to patent owner’s response to petition
`With respect to issues raised by the Petition in IPR2016-01506,
`petitioner’s opposition to motion to amend
`
`DUE DATE 9 .................................................................... September 7, 2017
`With respect to issues raised by the Petition in IPR2016-01506, patent
`owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 10 ................................................................ September 28, 2017
`With respect to issues raised by the Petition in IPR2016-01506,
`motion for observation regarding cross-examination of reply witness
`With respect to issues raised by the Petition in IPR2016-01506,
`motion to exclude evidence
`Request for oral argument
`
`6
`
`
`
`IPR2016-00598
`Patent 7,861,774 B2
`
`DUE DATE 11 .................................................................... October 12, 2017
`With respect to issues raised by the Petition in IPR2016-01506,
`response to observation
`With respect to issues raised by the Petition in IPR2016-01506,
`opposition to motion to exclude
`
`DUE DATE 12 .................................................................... October 19, 2017
`With respect to issues raised by the Petition in IPR2016-01506, reply
`to opposition to motion to exclude
`
`DUE DATE 13 .................................................................. November 2, 2017
`Oral argument (if requested)
`
`
`
`
`
`7
`
`
`
`IPR2016-00598
`Patent 7,861,774 B2
`
`
`PETITIONERS:
`
`Mark Garrett
`Eagle Robinson
`NORTON ROSE FULBRIGHT US LLP
`mark.garrett@nortonrosefulbright.com
`eagle.robinson@nortonrosefulbright.com
`
`PATENT OWNER:
`
`Hamad Hamad
`CALDWELL CASSADY CURRY, P.C.
`hhamad@caldwellcc.com
`
`Gregory Gonsalves
`GONSALVES LAW FIRM
`gonsalves@gonsalveslawfirm.com
`
`8
`
`
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