`571-272-7822
`
`
`
`
`
`
`
`
`Paper No. 41
`Date: February 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`v.
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_______________
`
`Cases IPR2017-00210 and IPR2017-00219 (Patent 7,116,710 B1);
`Case IPR2017-00297 (Patent 7,916,781 B2)
`Cases IPR2017-00700, IPR2017-00701, and
`IPR2017-00728 (Patent 7,421,032 B2)1
`_______________
`
`Before KEN B. BARRETT, TREVOR M. JEFFERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`JEFFERSON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style of heading.
`
`
`
`IPR2017-00210, IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`IPR2017-00700, IPR2017-00701, and IPR2017-00728 (Patent 7,421,032 B2)
`
`On February 6, 2018, a conference call with counsel for Petitioner,
`
`Apple, Inc., and counsel for Patent Owner, California Institute of
`Technology, was held with Judges Barrett, Jefferson, and Hudalla, to
`address Patent Owner’s request to file a motion to strike cross-examination
`testimony of Patent Owner’s declarants, Dr. Mitzenmacher and Dr. Divsalar,
`pursuant to 37 C.F.R. § 42.53(d)(5)(ii) and/or sanction Petitioner for such
`cross-examination, pursuant to 37 C.F.R. § 42.12. Patent Owner alleges
`“discovery misconduct includ[ing] extensive and repeated violations of
`Bd.Rule 42.53(d)(5)(ii), which expressly limits cross-examination to the
`scope of the witness’ direct testimony.”
`Having heard from the parties on these issues, we authorize Patent
`Owner to file a 10-page motion identifying the portions of the deposition
`transcripts in which the alleged discovery misconduct took place, the basis
`for its misconduct contentions, and the relief sought. We also authorize
`Petitioner to file a 10-page paper in opposition to Patent Owner’s motion.
`At Patent Owner’s request, we additionally authorize Patent Owner to file a
`table identifying, with specificity, the portions of the depositions deemed
`beyond the scope of the direct testimony. See 37 C.F.R. § 42.53(d)(5)(ii).
`In response, we authorize Petitioner to provide a tabular listing identifying
`the direct testimony or other papers which support its cross-examination of
`Patent Owner’s declarants. The tabular listing from both parties are to
`supplement the parties’ papers and should not be used for substantive
`arguments.
`Patent Owner shall file its motion on or before February 15, 2018.
`Petitioner shall file its opposition on or before February 27, 2018. For those
`
`2
`
`
`
`IPR2017-00210, IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`IPR2017-00700, IPR2017-00701, and IPR2017-00728 (Patent 7,421,032 B2)
`
`cases where the deposition transcripts of Patent Owner’s declarants are not
`in the record at the time of Patent Owner’s motion filing, Patent Owner shall
`file the transcripts in question as exhibits with its motion. In those cases,
`Petitioner shall not later file duplicate transcripts.
`No reply is authorized at this time.
`Accordingly, it is:
`ORDERED that Patent Owner is authorized to file a combined Motion
`to Strike Cross-Examination Testimony and Motion for Sanctions as
`discussed herein, no later than February 15, 2018;
`FURTHER ORDERED that Patent Owner is authorized to file an
`Opposition to Patent Owner’s motion, no later than February 27, 2018.
`
`
`
`
`
`
`3
`
`
`
`IPR2017-00210, IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`IPR2017-00700, IPR2017-00701, and IPR2017-00728 (Patent 7,421,032 B2)
`
`For PETITIONER:
`
`Richard Goldenberg
`Brian M. Seeve
`Dominic E. Massa
`WILMER CUTLER PICKERING HALE AND DORR LLP
`richard.goldenberg@wilmerhale.com
`brian.seeve@wilmerhale.com
`dominic.massa@wilmerhale.com
`
`For PATENT OWNER:
`
`Michael T. Rosato
`Matthew A. Argenti
`Richard Torczon
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`rtorczon@wsgr.com
`
`Todd M. Briggs
`Kevin P.B. Johnson
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`toddbriggs@quinnemanuel.com
`kevinjohnson@quinnemanuel.com
`
`
`
`
`
`
`4
`
`
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