`571-272-7822
`
`
`
`
`
`
`
`
`Paper 49
`Date: March 2, 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.
`
`BARRETT, 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 15, 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. The
`conference call pertained to Patent Owner’s request for authorization to file
`Sur-Replies to address purported new arguments and evidence, including
`testimony from a new declarant, in Petitioner’s Replies.
`In our Order of February 20, 2018, we authorized Patent Owner to file
`Sur-Replies, and we instructed the parties to meet and confer regarding a
`discovery and a Sur-Reply briefing schedule and to provide a joint proposed
`schedule by email to the Board. We also authorized the parties to propose
`moving DUE DATE 6, if necessary. In accordance with that Order, counsel
`for Patent Owner submitted the parties’ jointly proposed schedule via email
`on February 23, 2018. The substance of that email is shown below.
`Pursuant to the Board’s order dated February 20, 2018, entered
`in each of the cases listed above, the parties jointly submit this
`proposed schedule for Patent Owner’s sur-reply briefing as well
`as additional proposed schedule modifications. As detailed in
`the table, below, the parties propose that Patent Owner’s
`sur-reply be due on Due Date 5 in each proceeding. The
`highlighted portions of the table represent additions or
`modifications to the existing schedule.
`
`
`
`
`2
`
`
`
`
`
`IPR2017-
`00210
`3/5/2018
`
`IPR2017-
`00219
`3/5/2018
`
`IPR2017-
`IPR2017-
`IPR2017-
`00728
`00701
`00700
`3/28/2018 3/28/2018 3/28/2018
`
`IPR2017-
`00297
`2/26/2018
`[change to
`3/5/2018]
`
`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)
`
`
`DUE DATE 4
`(Motion for
`Observations/
`Motion to Exclude
`Evidence/
`Request for Oral
`Argument)
`DUE DATE 5
`(Response to
`Observations/
`Opposition to
`Motion to
`Exclude/Patent
`Owner’s Sur-
`Reply)
`DUE DATE 6
`(Reply to
`Opposition to
`Motion to
`Exclude)
`DUE DATE 7
`(Oral Hearing)
`Final Written
`Decision Est.
`Email of February 23, 2018, from Matthew A. Argenti to Trials@uspto.gov.
`Under the circumstances of these cases, we determine that the parties’
`jointly proposed schedule for Sur-Reply briefing is acceptable. We likewise
`determine that the parties’ proposed changes to DUE DATES 4, 5, and 6 in
`IPR2017-00297 are acceptable.
`Accordingly, it is:
`ORDERED that Patent Owner’s Sur-Reply is due on DUE DATE 5 in
`each proceeding;
`FURTHER ORDERED that, in IPR2017-00297, DUE DATES 4, 5,
`and 6 are changed to March 5, 2018, March 19, 2018, and March 26, 2018,
`respectively.
`
`3/19/2018
`
`3/19/2018
`
`3/26/2018
`
`3/26/2018
`
`3/12/2018
`[change to
`3/19/2018]
`
`3/19/2018
`[change to
`3/26/2018]
`
`4/11/2018 4/11/2018 4/11/2018
`
`4/18/2018 4/18/2018 4/18/2018
`
`4/19/2018
`
`4/19/2018
`
`4/19/2018
`
`5/8/2018
`
`5/8/2018 5/8/2018
`
`7/3/2018
`
`7/3/2018
`
`7/7/2018
`
`8/8/2018
`
`8/8/2018 8/9/2018
`
`
`
`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
`Dominic E. Massa
`Michael Smith
`WILMER CUTLER PICKERING HALE AND DORR LLP
`richard.goldenberg@wilmerhale.com
`dominic.massa@wilmerhale.com
`michaelh.smith@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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