Trials@uspto.gov
`571.272.7822
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`Paper No. 13
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` Entered: August 22, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ASUSTEK COMPUTER, INC. and
`ASUS COMPUTER INTERNATIONAL,
`Petitioners,
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`____________
`
`Case IPR2016-00648
`Patent 6,188,835 B1
`____________
`
`
`
`Before GLENN J. PERRY, PATRICK R. SCANLON, and J. JOHN LEE,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
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`SCHEDULING ORDER
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`571.272.7822
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`Paper No. 13
`
` Entered: August 22, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ASUSTEK COMPUTER, INC. and
`ASUS COMPUTER INTERNATIONAL,
`Petitioners,
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`____________
`
`Case IPR2016-00648
`Patent 6,188,835 B1
`____________
`
`
`
`Before GLENN J. PERRY, PATRICK R. SCANLON, and J. JOHN LEE,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`SCHEDULING ORDER
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`IPR2016-00648
`Patent 6,188,835 B1
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`A. DUE DATES
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`This order sets due dates for the parties to take action after institution
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`of the proceeding. The parties may stipulate to different dates for DUE
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`DATES 1 through 5 (earlier or later, but no later than DUE DATE 6). A
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`notice of the stipulation, specifically identifying the changed due dates, must
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`be promptly filed. The parties may not stipulate to an extension of DUE
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`DATES 6 and 7.
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`In stipulating to different times, the parties should consider the effect
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`of the stipulation on times to object to evidence (37 C.F.R. § 42.64(b)(1)), to
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`supplement evidence (37 C.F.R. § 42.64(b)(2)), to conduct cross-
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`examination (37 C.F.R. § 42.53(d)(2)), and to draft papers depending on the
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`evidence and cross-examination testimony (see Section B, below).
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`The parties are reminded that the Testimony Guidelines appended to
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`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772 (Aug.
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`14, 2012) (Appendix D), apply to this proceeding. The Board may impose
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`an appropriate sanction for failure to adhere to the Testimony Guidelines.
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`37 C.F.R. § 42.12. For example, reasonable expenses and attorneys’ fees
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`incurred by a party may be levied on a person who impedes, delays, or
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`frustrates the fair examination of a witness.
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`1. INITIAL CONFERENCE CALL
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`The parties are directed to contact the Board within one month of this
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`Order if there is a need to discuss proposed changes to this Scheduling Order
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`or proposed motions. See Office Patent Trial Practice Guide, 77 Fed. Reg.
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`48,756, 48,765–66 (Aug. 14, 2012) (guidance for initial conference calls).
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`2
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`IPR2016-00648
`Patent 6,188,835 B1
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`2. ALTERNATIVE DISPUTE RESOLUTION STATEMENT
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`The parties are encouraged to discuss promptly alternative means for
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`resolving their disputes regarding the subject matter of this proceeding. To
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`advance the opportunities for early disposition, Petitioners are encouraged to
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`notify the Board, by the due date identified in the Appendix to this Order,
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`that the parties have conferred regarding alternative dispute resolution and
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`whether the parties have reached any agreements.
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`3. DUE DATE 1
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`Patent Owner may file—
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`a.
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`b.
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`A response to the petition (37 C.F.R. § 42.120), and
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`A motion to amend the patent (37 C.F.R. § 42.121).
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`Patent Owner must file any such response and/or motion to amend by DUE
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`DATE 1. If Patent Owner elects not to file anything, Patent Owner must
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`arrange a conference call with the parties and the Board. Patent Owner is
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`cautioned that any arguments for patentability not raised in the response will
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`be deemed waived.
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`4. DUE DATE 2
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`Petitioners must file any reply to Patent Owner’s response and any
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`opposition to the motion to amend by DUE DATE 2.
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`5. DUE DATE 3
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`Patent Owner must file any reply to Petitioners’ opposition to Patent
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`Owner’s motion to amend by DUE DATE 3.
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`3
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`IPR2016-00648
`Patent 6,188,835 B1
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`6. DUE DATE 4
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`a.
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`Each party must file any motion for an observation on the
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`cross-examination testimony of a reply witness (see section C, below) by
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`DUE DATE 4.
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`b.
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`Each party must file any motion to exclude evidence (37 C.F.R
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`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
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`DUE DATE 4.
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`7. DUE DATE 5
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`a.
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`Each party must file any response to an observation on cross-
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`examination testimony by DUE DATE 5.
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`b.
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`Each party must file any opposition to a motion to exclude
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`evidence by DUE DATE 5.
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`8. DUE DATE 6
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`Each party must file any reply for a motion to exclude evidence by
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`DUE DATE 6.
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`9. DUE DATE 7
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`The oral argument (if requested by either party) is set for DUE
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`DATE 7.
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`B. CROSS-EXAMINATION
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`Except as the parties might otherwise agree, for each due date—
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`1.
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`Cross-examination begins after any supplemental evidence is
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`due. 37 C.F.R. § 42.53(d)(2).
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`4
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`IPR2016-00648
`Patent 6,188,835 B1
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`2.
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`Cross-examination ends no later than a week before the filing
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`date for any paper in which the cross-examination testimony is expected to
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`be used. Id.
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`C. MOTION FOR OBSERVATION ON CROSS-EXAMINATION
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`A motion for observation on cross-examination provides the parties
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`with a mechanism to draw the Board’s attention to relevant cross-
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`examination testimony of a reply witness because no further substantive
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`paper is permitted after the reply. See Office Patent Trial Practice Guide, 77
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`Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). The observation must be a
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`concise statement of the relevance of precisely identified testimony to a
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`precisely identified argument or portion of an exhibit. Each observation
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`should not exceed a single, short paragraph. The opposing party may
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`respond to the observation. Any response must be equally concise and
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`specific.
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`D. MOTION TO AMEND
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`Under 37 C.F.R. §§ 42.24 and 42.121, a motion to amend, if filed in
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`this proceeding, and a petitioner’s opposition to a motion to amend, are
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`limited to twenty-five (25) pages; a patent owner’s reply to an opposition to
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`a motion to amend is limited to twelve (12) pages; and a claim listing may
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`be contained in an appendix to a motion to amend, which does not count
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`toward the page limit of the motion. See 37 C.F.R. §§ 42.24, 42.121(b);
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`Amendments to the Rules of Practice for Trials Before the Patent Trial and
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`Appeal Board, 80 Fed. Reg. 28,561, 28,565–66 (Final Rule) (May 19, 2015).
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`Patent Owner is reminded that it must confer with the Board before
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`filing a motion to amend. 37 C.F.R. § 42.121(a). Patent Owner should
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`5
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`IPR2016-00648
`Patent 6,188,835 B1
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`contact the Board to request the conference in sufficient time to ensure that
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`the conference is conducted at least one week before DUE DATE 1.
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`E. PETITIONERS’ REPLY
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`Under 37 C.F.R. § 42.24(c), a petitioner’s reply brief to a patent
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`owner’s response is limited to 5,600 words. See 37 C.F.R. § 42.24(c);
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`Amendments to the Rules of Practice for Trials Before the Patent Trial and
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`Appeal Board, 80 Fed. Reg. at 28,565.
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`6
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`IPR2016-00648
`Patent 6,188,835 B1
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`DUE DATE APPENDIX
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`ADR STATEMENT ............................................................. August 17, 2016
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`DUE DATE 1 .................................................................. November 22, 2016
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`Patent owner’s response to the petition
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`Patent owner’s motion to amend the patent
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`DUE DATE 2 ..................................................................... February 23, 2016
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`Petitioner’s reply to patent owner’s response to petition
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`Petitioner’s opposition to motion to amend
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`DUE DATE 3 ......................................................................... March 23, 2016
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`Patent owner’s reply to petitioner’s opposition to motion to amend
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`DUE DATE 4 ............................................................................. April 6, 2016
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`Motion for observation regarding cross-examination of reply witness
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`Motion to exclude evidence
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`Request for oral argument
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`DUE DATE 5 ........................................................................... April 20, 2017
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`Response to observation
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`Opposition to motion to exclude
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`DUE DATE 6 ........................................................................... April 27, 2017
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`Reply to opposition to motion to exclude
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`DUE DATE 7 .............................................................................. May 9, 2017
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`Oral argument (if requested)
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`7
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`IPR2016-00648
`Patent 6,188,835 B1
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`PETITIONER:
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`Derek S. Neilson
`Scott Stevens
`ALSTON & BIRD LLP
`derek.neilson@alston.com
`scott.stevens@alston.com
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`
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`PATENT OWNER:
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`Kristopher L. Reed
`Matthew Holohan
`Kilpatrick Townsend & Stockton LLP
`kreed@kilpatricktownsend.com
`mholohan@kilpatricktownsend.com
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`
`
`8
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