`571-272-7822
`
`
`
`
`
`
`Paper 12
`Entered: February 25, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`
`____________
`
`Case IPR2018-00884
`Patent 8,539,552 B1
`____________
`
`
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and
`SEAN P. O’HANLON, Administrative Patent Judges.
`
`O’HANLON, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2018-00884
`Patent 8,539,552 B1
`
`
`I. INTRODUCTION
`On February 21, 2019, counsel for Petitioner, Apple Inc., sent email
`
`correspondence to the Board in which it sought permission to file a motion
`“to strike the Easttom Declaration (Exhibit 2001) and all references or
`citations to the declaration in any filing.” Petitioner characterized its request
`as being “an alternative to Patent Owner making the declarant available for
`cross‐examination.” Petitioner indicated that it had conferred with Patent
`Owner, and that Patent Owner did not oppose the request.
`
`II. DISCUSSION
`The Scheduling Order provides that “[c]ross-examination ordinarily
`
`ends no later than a week before the filing date for any paper in which the
`cross-examination testimony is expected to be used.” Paper 9, 3. The
`parties have extended Due Date 2, the date on which Petitioner may file a
`reply to Patent Owner’s Response to the Petition, to April 16, 2019. Paper
`10, 2. Thus, the time for cross-examining Mr. Easttom does not end for
`several weeks, during which time Patent Owner may make Mr. Easttom
`available for cross-examination. Petitioner’s request, therefore, appears to
`be premature.
`
`In the event that Patent Owner does not make Mr. Easttom available
`for cross-examination, Petitioner can explain why the Board should give no
`weight to Mr. Easttom’s testimony in Petitioner’s reply.
`
`III. ORDER
`
`
`
`
`Accordingly, it is:
`ORDERED that Petitioner’s request is denied.
`
`2
`
`
`
`IPR2018-00884
`Patent 8,539,552 B1
`
`For PETITIONER:
`Adam P. Seitz
`Paul R. Hart
`ERISE IP, P.A.
`Adam.Seitz@eriseip.com
`Paul.Hart@eriseip.com
`PTAB@eriseip.com
`For PATENT OWNER:
`Ryan Loveless
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`Etheridge Law Group
`ryan@etheridgelaw.com
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`
`Ray A. King
`Uniloc USA, Inc.
`ray.king@unilocusa.com
`
`3
`
`
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