Trials@uspto.gov
`571-272-7822
`
`
`Paper No. 13
`Entered: May 25, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`IMAGE PROCESSING TECHNOLOGIES LLC,
`Patent Owner.
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00347 (Patent 8,805,001 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`IPR2017-00355 (Patent 7,650,015 B2)
`IPR2017-00357 (Patent 8,989,445 B2)1
`
`
`Before JONI Y. CHANG, MICHAEL R. ZECHER, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`571-272-7822
`
`
`Paper No. 13
`Entered: May 25, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`IMAGE PROCESSING TECHNOLOGIES LLC,
`Patent Owner.
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00347 (Patent 8,805,001 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`IPR2017-00355 (Patent 7,650,015 B2)
`IPR2017-00357 (Patent 8,989,445 B2)1
`
`
`Before JONI Y. CHANG, MICHAEL R. ZECHER, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`
`SCHEDULING ORDER
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00347 (Patent 8,805,001 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`IPR2017-00355 (Patent 7,650,015 B2)
`IPR2017-00357 (Patent 8,989,445 B2)
`
`
`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).2 A
`notice of the stipulation, specifically identifying the changed due dates, must
`be promptly filed. 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
`The parties are directed to contact the Board within a month of this
`Scheduling Order if there is a need to discuss proposed changes to the dates
`
`2 Without express authorization from the panel, the parties may not change
`DUE DATE 4 with respect to the requirement for requesting oral argument.
`2
`
`
`
`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00347 (Patent 8,805,001 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`IPR2017-00355 (Patent 7,650,015 B2)
`IPR2017-00357 (Patent 8,989,445 B2)
`
`in this Scheduling Order or proposed motions. See Office Patent Trial
`Practice Guide, 77 Fed. Reg. 48,756, 48,765–66 (Aug. 14, 2012) (setting
`forth guidance in preparing for the initial conference call).
`
`
`
`2. DUE DATE 1
`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 1. 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 in the
`response will be deemed waived.
`
`
`
`3. DUE DATE 2
`The petitioner must file any reply to the patent owner’s response and
`opposition to the motion to amend by DUE DATE 2.
`
`
`
`4. DUE DATE 3
`The patent owner must file any reply to the petitioner’s opposition to
`patent owner’s motion to amend by DUE DATE 3.
`
`
`
`5. DUE DATE 4
`a.
`Each party must file any observation on the cross-examination
`testimony of a reply witness (see section C, below) by DUE DATE 4.
`
`
`
`3
`
`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00347 (Patent 8,805,001 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`IPR2017-00355 (Patent 7,650,015 B2)
`IPR2017-00357 (Patent 8,989,445 B2)
`
`
`Each party must file any motion to exclude evidence (37 C.F.R
`b.
`§ 42.64(c)) and any request for oral argument (37 C.F.R. § 42.70(a)) by
`DUE DATE 4.
`
`
`
`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
`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.
`
`
`
`4
`
`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00347 (Patent 8,805,001 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`IPR2017-00355 (Patent 7,650,015 B2)
`IPR2017-00357 (Patent 8,989,445 B2)
`
`C. OBSERVATIONS ON CROSS-EXAMINATION
`Observations on cross-examination provide 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 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
`
`Although the filing of a Motion to Amend is authorized under our
`Rules, Patent Owner must confer with us before filing any Motion to
`Amend. If Patent Owner elects to file a Motion to Amend, we strongly
`encourage the parties to arrange for a conference call with us no less than ten
`business days prior to DUE DATE 1.
`
`
`
`
`5
`
`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00347 (Patent 8,805,001 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`IPR2017-00355 (Patent 7,650,015 B2)
`IPR2017-00357 (Patent 8,989,445 B2)
`
`DUE DATE APPENDIX
`
`INITIAL CONFERENCE CALL ..................................................... Optional
`
`DUE DATE 1 ........................................................................ August 25, 2017
`Patent owner’s response to the petition
`Patent owner’s motion to amend the patent
`
`DUE DATE 2 ................................................................... November 27, 2017
`Petitioner’s reply to patent owner’s response to petition
`Petitioner’s opposition to motion to amend
`
`DUE DATE 3 .................................................................... December 26, 2018
`Patent owner’s reply to petitioner’s opposition to motion to amend
`
`DUE DATE 4 ........................................................................ January 16, 2018
`Observations regarding cross-examination of reply witness
`Motion to exclude evidence
`Request for oral argument
`
`DUE DATE 5 ......................................................................... January 29, 2018
`Response to observation
`Opposition to motion to exclude
`
`DUE DATE 6 ....................................................................... February 5, 2018
`Reply to opposition to motion to exclude
`
`DUE DATE 7 ..................................................................... February 21, 2018
`Oral argument (if requested)
`
`
`
`6
`
`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00347 (Patent 8,805,001 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`IPR2017-00355 (Patent 7,650,015 B2)
`IPR2017-00357 (Patent 8,989,445 B2)
`
`
`
`
`For PETITIONER:
`
`John Kappos
`Nick Whilt
`Brian M. Cook
`
`iptsamsungomm@omm.com
`
`O’MELVENY & MYERS LLP
`
`
`
`For PATENT OWNER:
`
`Chris Coulson
`Michael Zachary
`Mark Chapman
`Rose Cordero Prey
`
`chriscoulson@andrewskurthkenyon.com
`michaelzachary@andrewskurthkenyon.com
`markchapman@andrewskurthkenyon.com
`roseprey@andrewskurthkenyon.com
`
`ANDREWS KURTH KENYON LLP
`
`
`
`
`
`7
`
`
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