`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` FITBIT, INC.,
`Petitioner,
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`v.
`BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES,
`Patent Owner.
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`
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`Case IPR2017-02012
`Patent 6,434,212
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`SECOND JOINT STIPULATION
`TO MODIFY THE SCHEDULING ORDER
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`Pursuant to the Scheduling Order (Paper 9) entered in the above captioned
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`matter on March 12, 2018 and the first Joint Stipulation to Modify the Scheduling
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`Order filed on April 5, 2018, the parties hereby stipulate that DUE DATES 1, 2, 4
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`and 5 be modified as follows:
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`DUE DATE 1: June 22, 2018 July 6, 2018
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`a.) Patent owner’s response to the petition.
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`b.) Patent owner’s motion to amend the patent.
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`DUE DATE 2: September 21, 2018 September 28, 2018
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`a.) Petitioner’s reply to patent owner’s response to petition.
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`b.) Petitioner’s opposition to motion to amend.
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`DUE DATE 4: October 12, 2018 October 19, 2018
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`a.) Motion for observation regarding cross-examination of reply witness.
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`b.) Motion to exclude evidence
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`DUE DATE 5: November 2, 2018 November 9, 2018
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`a.) Response to observation.
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`b.) Opposition to motion to exclude.
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`In accordance with the Board’s instruction of June 1, 2018, the Request for
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`oral argument shall be filed on or before October 12, 2018. The other due dates
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`from the Scheduling Order are not being modified by this Stipulation.
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`Dated: June 11, 2018
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`/s/ Harper Batts
`Registration No. 56,160
`Baker Botts LLP
`
`
`1001 Page Mill Road
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`Building One, Suite 200
`Palo Alto, CA, 94304
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`(650) 739-7500
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`
`harper.batts@bakerbotts.com
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`Counsel for Petitioner
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`Respectfully Submitted
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`/s/ Walter D. Davis, Jr.
`Registration No. 45,137
`Davidson Berquist Jackson
`& Gowdey, LLP
`8300 Greensboro Dr., Suite 500
`McLean, VA 22102
`(571) 765-7700
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`wdavis@dbjg.com
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`Counsel for Patent Owner
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`CERTIFICATE OF SERVICE
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`I hereby certify that on June 11, 2018, a true and correct copy of the
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`foregoing Second Joint Stipulation to Modify the Scheduling Order was served
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`on Petitioner by serving the correspondence email addresses of record as
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`By: /s/ Walter D. Davis, Jr.
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`USPTO Reg. No. 45,137
` Counsel for Patent Owner
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`follows:
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`
`Harper Batts (Reg. No. 56,160)
`John Gaustad (Reg. No. 69,522)
`Baker Botts LLP
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA, 94304
`harper.batts@bakerbotts.com
`john.gaustad@bakerbotts.com
`DLFitbit-Blackbird@bakerbotts.com
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