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`Paper 14
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________
`
`
`
`EXOCAD GMBH and EXOCAD AMERICA, INC.,
`Petitioner,
`
`v.
`
`3SHAPE A/S,
`Patent Owner.
`
`__________________
`
`Case IPR2018-00788
`Patent 9,336,336 B2
`____________________
`
`
`
`JOINT STIPULATION AND NOTICE OF STIPULATION
`TO CHANGE DUE DATES
`
`
`

`

`IPR2018-00788
`Joint Stipulation and Notice of Stipulation
`
`
`
`To accommodate deposition scheduling, pursuant to the Board’s Scheduling
`
`Order (Paper 8), the parties jointly file this stipulation and notice of stipulation
`
`changing certain DUE DATES. See Paper 8 (“The parties may stipulate different
`
`dates for DUE DATES 1 through 5 (earlier or later, but no later than DUE DATE
`
`6). A notice of the stipulation, specifically identifying the changed due dates, must
`
`be promptly filed.”).
`
`The stipulated adjusted schedule does not move DUE DATES 6 and 7, and it
`
`does not move the deadline for requesting oral argument.
`
`STIPULATED ADJUSTED SCHEDULE
`
`DUE DATE 1……………………………………………………January 17, 2019
`
`
`
`Patent Owner’s response to the petition
`
`Patent Owner’s motion to amend the patent
`
`DUE DATE 2………………………………………………………April 11, 2019
`
`
`
`Petitioner’s reply to Patent Owner’s response to the petition
`
`Petitioner’s opposition to Patent Owner’s motion to amend
`
`DUE DATE 3…………………………………………………………May 7, 2019
`
`
`
`Patent Owner’s sur-reply to Petitioner’s reply to the response to the petition
`
`Patent Owner’s reply to Petitioner’s opposition to the motion to amend
`
`
`
`1
`
`

`

`IPR2018-00788
`Joint Stipulation and Notice of Stipulation
`
`DUE DATES 4…………………………………………………………See Below
`
`Request for oral argument (parties may not stipulate to an extension for the
`
`request for oral argument) ………………………………… May 28, 2019
`
`Petitioner’s sur-reply to Patent Owner’s reply to the opposition to the motion
`
`to amend…………………………………………………….May 29, 2019
`
`Motion to exclude evidence……………………………………May 29, 2019
`
`DUE DATE 5…………………………………………………………June 4, 2019
`
`
`
`Opposition to motion to exclude
`
`DUE DATE 6………………………………………………………June 10, 2019
`
`
`
`
`
`Reply to opposition to motion to exclude
`
`Request for pre-hearing conference
`
`DUE DATE 7………………………………………………………June 24, 2019
`
`
`
`
`
`Oral argument (if requested)
`
`For the Board’s convenience, the differences between the above adjusted
`
`schedule and the schedule that was set forth in the Scheduling Order are shown in
`
`the table below.
`
`
`
`
`
`
`
`2
`
`

`

`IPR2018-00788
`Joint Stipulation and Notice of Stipulation
`
`
`
`
`COMPARISON OF ORIGINAL DATES WITH ADJUSTED DATES
`
`Current Date
`January 3, 2019
`April 3, 2019
`
`May 3, 2019
`
`May 28, 2019
`(cannot be extended)
`May 28, 2019
`
`May 28, 2019
`
`June 3, 2019
`
`June 10, 2019
`(cannot be extended)
`June 24, 2019
`(cannot be extended)
`
`New Date
`January 17, 2019
`April 11, 2019
`
`May 7, 2019
`
`May 28, 2019
`
`May 29, 2019
`
`May 29, 2019
`
`
`June 4, 2019
`
`June 10, 2019
`
`June 24, 2019
`
`Activity
`DUE DATE 1
`DUE DATE 2
`
`DUE DATE 3
`
`DUE DATE 4: Last day to request
`oral argument
`DUE DATE 4: Motion to exclude
`evidence
`DUE DATE 4: Petitioner’s sur-
`reply to Patent Owner’s reply to the
`opposition to the motion to amend
`DUE DATE 5
`
`DUE DATE 6
`
`DUE DATE 7
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`IPR2018-00788
`Joint Stipulation and Notice of Stipulation
`
`Dated: December 10, 2018
`
`
`
`
` Respectfully submitted,
`
`/Matthew B. Lowrie/
`Matthew B. Lowrie (Reg. No. 38,228)
`Christopher J. McKenna (Reg. No. 53,302)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Boston, MA 02199
`Telephone: (617) 342-4000
`Fax: (617) 342-4001
`
`mlowrie@foley.com
`cmckenna@foley.com
`
`Attorneys for Petitioner
`exocad GmbH and exocad America, Inc.
`
`/Roger H. Lee/
`Roger H. Lee (Reg. No. 46,317)
`BUCHANAN INGERSOLL & ROONEY PC
`1737 King Street, Suite 500
`Alexandria, VA 22314
`Main Telephone (703) 836-6620
`Direct Telephone (703) 838-6545
`Main Facsimile (703) 836-2021
`
`roger.lee@bipc.com
`
`Attorney for Patent Owner
`3Shape A/S
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`
`
`
`

`

`IPR2018-00788
`Joint Stipulation and Notice of Stipulation
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a copy of the foregoing JOINT
`
`STIPULATION AND NOTICE OF STIPULATION TO CHANGE DUE DATES
`
`was served on counsel of record by filing these documents through the E2E as well
`
`as delivering a copy via e-mail to the counsel of record for Petitioner at the
`
`following address:
`
`Todd R. Walters, Esq.
`Roger H. Lee, Esq.
`Mythili Markowski, Ph.D., Esq.
`Buchanan, Ingersoll & Rooney PC
`Post Office Box 1404
`Alexandria, VA 22313-1404
`todd.walters@bipc.com
`roger.lee@bipc.com
`mythili.markowski@bipc.com
`
`Dated: December 10, 2018
`
`
`
`
`
`
` Respectfully submitted,
`
`/Matthew B. Lowrie/
`Matthew B. Lowrie (Reg. No. 38,228)
`Christopher J. McKenna (Reg. No. 53,302)
`FOLEY & LARDNER LLP
`111 Huntington Avenue
`Boston, MA 02199
`Telephone: (617) 342-4000
`Fax: (617) 342-4001
`mlowrie@foley.com
`cmckenna@foley.com
`
`Attorneys for Petitioner
`exocad GmbH and exocad America, Inc.
`
`5
`
`

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