Trials@uspto.gov
`571.272.7822
`
`
`Paper 15
`Entered: February 1, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`
`v.
`
`
`SHIPPING AND TRANSIT, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01465
`Patent 6,415,207 B1
`____________
`
`
`
`Before NEIL T. POWELL, FRANCES L. IPPOLITO, and
`MICHAEL L. WOODS, Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`
`
`571.272.7822
`
`
`Paper 15
`Entered: February 1, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`
`v.
`
`
`SHIPPING AND TRANSIT, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01465
`Patent 6,415,207 B1
`____________
`
`
`
`Before NEIL T. POWELL, FRANCES L. IPPOLITO, and
`MICHAEL L. WOODS, Administrative Patent Judges.
`
`WOODS, Administrative Patent Judge.
`
`SCHEDULING ORDER
`
`
`
`
`
`
`
`
`
`
`IPR2016-01465
`Patent 6,415,207 B1
`
`A. 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 filed promptly. 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 B, below).
`
`The parties are reminded that the Testimony Guidelines appended to
`
`the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,772
`
`(Aug. 14, 2012) (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.
`
`1.
`
`INITIAL CONFERENCE CALL
`
`An initial conference call has not been scheduled at this time. The
`
`parties are directed to contact the Board within a month of this decision if
`
`there is a need to discuss proposed changes to this Scheduling Order or
`
`proposed motions. See Office Patent Trial Practice Guide, 77 Fed. Reg.
`
`48,756, 48,765–66 (Aug. 14, 2012) (guidance in preparing for the initial
`
`conference call).
`
`2
`
`
`
`IPR2016-01465
`Patent 6,415,207 B1
`
`
`2.
`
`DUE DATE 1
`
`Patent Owner may file—
`
`a.
`
`b.
`
`A response to the petition (37 C.F.R. § 42.120), and
`
`A motion to amend the patent (37 C.F.R. § 42.121).
`
`Patent Owner must file any such response or motion to amend by
`
`DUE DATE 1. If Patent Owner elects not to file anything, Patent Owner
`
`must arrange a conference call with the parties and the Board. Patent Owner
`
`is cautioned that any arguments for patentability not raised in the response
`
`will be deemed waived.
`
`3.
`
`DUE DATE 2
`
`Petitioner must file any reply to Patent Owner’s response and
`
`opposition to the motion to amend by DUE DATE 2.
`
`4.
`
`DUE DATE 3
`
`Patent Owner must file any reply to Petitioner’s opposition to Patent
`
`Owner’s motion to amend by DUE DATE 3.
`
`5.
`
`DUE DATE 4
`
`a.
`
`Each party must file any motion for an observation on the
`
`cross-examination testimony of a reply witness (see section C, 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
`
`
`
`IPR2016-01465
`Patent 6,415,207 B1
`
`
`6.
`
`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.
`
`7.
`
`DUE DATE 6
`
`Each party must file any reply for a motion to exclude evidence by
`
`DUE DATE 6.
`
`8.
`
`DUE DATE 7
`
`The oral argument (if requested by either party) is set for DUE
`
`DATE 7.
`
`B. 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.
`
`C. 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. 48,756, 48,768 (Aug. 14, 2012). The observation must be a
`
`4
`
`
`
`IPR2016-01465
`Patent 6,415,207 B1
`
`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.
`
`D. MOTION TO AMEND
`
`Patent Owner may file a motion to amend without prior authorization
`
`from the Board. Nevertheless, Patent Owner must confer with the Board
`
`before filing such a motion. See 37 C.F.R. § 42.121(a). Patent Owner should
`
`arrange for a conference call with the panel and opposing counsel at least one
`
`week before DUE DATE 1 in order to satisfy the conferral requirement. We
`
`direct the parties to the Board’s website for representative decisions relating to
`
`Motions to Amend among other topics. The parties may access these
`
`representative decisions at:
`
`http://www.uspto.gov/ip/boards/bpai/representative_orders_and_opinions.jsp.
`
`
`
`E.
`
`PROTECTIVE ORDER
`
`
`
`No protective order has been entered in this proceeding. The parties
`
`are reminded of the requirement for a protective order when filing a motion
`
`to seal. 37 C.F.R. § 42.54. If the parties have agreed to a proposed
`
`protective order, including the Default Standing Protective Order, 77 Fed.
`
`Reg. 48,756, App. B (Aug 14, 2012), they should file a copy of the proposed
`
`protective order with the motion to seal. If the parties choose to propose a
`
`protective order other than, or departing from, the Default Standing
`
`Protective Order, they must submit a joint, proposed protective order,
`
`5
`
`
`
`IPR2016-01465
`Patent 6,415,207 B1
`
`accompanied by a red-lined version based on the Default Standing
`
`Protective Order.
`
`6
`
`
`
`IPR2016-01465
`Patent 6,415,207 B1
`
`DUE DATE APPENDIX
`
`DUE DATE 1 .............................................................................. May 2, 2017
`
`Patent Owner’s response to the petition
`
`Patent Owner’s motion to amend the patent
`
`DUE DATE 2 .......................................................................... August 1, 2017
`
`Petitioner’s reply to patent owner’s response to petition
`
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 .................................................................... September 1, 2017
`
`Patent Owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 .................................................................. September 22, 2017
`
`Motion for observation regarding cross-examination of reply witness
`
`Motion to exclude evidence
`
`Request for oral argument
`
`DUE DATE 5 ........................................................................ October 6, 2017
`
`Response to observation
`
`Opposition to motion to exclude
`
`DUE DATE 6 ...................................................................... October 13, 2017
`
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ...................................................................... October 27, 2017
`
`Oral argument (if requested)
`
`
`
`
`
`7
`
`
`
`8
`
`IPR2016-01465
`Patent 6,415,207 B1
`
`PETITIONER:
`Jonathan Stroud
`jonathan@unifiedpatents.com
`
`Charles Schulman
`ceschulman@gmail.com
`
`
`
`PATENT OWNER:
`Henry Ohanian
`artoush@ohanian-iplaw.com
`
`Bryan Baysinger
`blb@pfslawgroup.com
`
`
`
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