`571-272-7822
`
`Paper 19
`Entered: January 2, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FLIR SYSTEMS, INC. and
`FLIR MARITIME US, INC. (F/K/A RAYMARINE, INC.),
`Petitioner,
`
`v.
`
`GARMIN SWITZERLAND GmbH,
`Patent Owner.
`____________
`
`Case IPR2017-00946
`Patent 7,268,703 B1
`____________
`
`Before JUSTIN T. ARBES and SCOTT B. HOWARD,
`Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`CONFERENCE CALL SUMMARY
`
`
`
`
`
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`
`
`A conference call was held on January 2, 2018, among counsel for the
`parties and Judges Arbes and Howard. Petitioner requested the conference
`call on December 28, 2017, regarding a request for discovery from Patent
`Owner pursuant to 37 C.F.R. § 42.51(b). In particular, as routine or
`additional discovery, Petitioner sought a copy of a manual of a Garmin
`GPSMap product with a February 2002 revision date (“Garmin Manual”)
`from Patent Owner’s records, along with either a stipulation from Patent
`Owner as to the date the Garmin Manual was made available on Patent
`Owner’s website or documents sufficient to establish when it was made
`available on the website. Petitioner argued that the Garmin Manual is prior
`art and teaches certain limitations in the proposed substitute claims in Patent
`Owner’s Motion to Amend (Paper 15).
`Patent Owner opposed Petitioner’s request, arguing, inter alia, that
`Petitioner’s request is not routine discovery because, even if the Garmin
`Manual was prior art, it is not inconsistent with a position advanced by
`Patent Owner in the Motion to Amend. See 37 C.F.R. § 42.51(b)(1)(iii).
`Patent Owner also represented that it conducted an investigation but found
`no documentation regarding the date on which the Garmin Manual was
`made available on Patent Owner’s website.
`Following Patent Owner’s representation that it does not have the
`information being requested by Petitioner, Petitioner stated that it was not
`seeking any relief from the Board at this time.
`
`
`
`2
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`
`PETITIONER:
`
`Brian Ferguson
`Brian.ferguson@weil.com
`
`Anish Desai
`Anish.desai@weil.com
`
`Christopher Pepe
`Christopher.pepe@weil.com
`
`PATENT OWNER:
`
`Jennifer Bailey
`Jennifer.bailey@eriseip.com
`
`Adam Seitz
`Adam.seitz@eriseip.com
`
`
`
`
`
`3
`
`
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