`571-272-7822
`
`Paper No. 21
`Date: March 2, 2023
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`TOUCHSTREAM TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`IPR2022-00793 (Patent 8,782,528 B2)
`IPR2022-00794 (Patent 8,904,289 B2)
`IPR2022-00795 (Patent 8,356,251 B2)1
`____________
`
`
`Before DEBRA K. STEPHENS, DANIEL J. GALLIGAN, and
`AMBER L. HAGY, Administrative Patent Judges.
`STEPHENS, Administrative Patent Judge.
`
`
`REVISED SCHEDULING ORDER
`
`
`
`
`1 This Order applies to each of the above-listed proceedings. We exercise
`our discretion to issue one Order to be filed in each proceeding. Unless
`otherwise authorized, the parties shall not use this heading style in any
`subsequent papers.
`
`
`
`IPR2022-00793 (Patent 8,782,528 B2)
`IPR2022-00794 (Patent 8,904,289 B2)
`IPR2022-00795 (Patent 8,356,251 B2)
`
`In an e-mail sent February 21, 2023, the Parties jointly request
`modification of Scheduling Order Due Dates 7 and 8, “due to a conflict with
`the new trial date in the related, co-pending district court proceeding, in
`which Patent Owner’s counsel are also district court counsel” (see IPR2022-
`00793, Ex. 3002; IPR2022-00794, Ex. 3002; IPR2022-00795, Ex. 3002).
`More specifically, according to the Parties, the trial in Touchstream
`Technologies, Inc. v. Google LLC, Case No. 6:21-cv-00569-ADA, is
`scheduled to begin June 26, 2023. Due Date 8, the date of Oral Argument, is
`scheduled for June 27, 2023.
`The Parties jointly request rescheduling of Due Dates 7 and 8 set forth
`in the original Scheduling Order (IPR2022-00793, Paper 11; IPR2022-
`00794, Paper 11; IPR2022-00795, Paper 11). In particular, the Parties
`request, in light of the new trial schedule, rescheduling Due Date 8 to the
`week of June 12–16 and Due Date 7 to four days or two business days
`before Due Date 8.
`In light of the competing demands of the district court proceeding and
`the Oral Hearing, we determine good cause exists to alter Due Dates 7 and 8
`in this proceeding. Having thus determined Due Dates 7 and 8 are earlier
`dates than originally set forth in the Scheduling Order, Due Dates 4–6 have
`also been modified. The Scheduling Order otherwise remains intact,
`including the Parties’ ability to stipulate different due dates for Due Dates 5
`and 6, as set forth in the original Scheduling Order (IPR2022-00793, Paper
`11; IPR2022-00794, Paper 11; IPR2022-00795, Paper 11).
`
`
`
`
`2
`
`
`
`IPR2022-00793 (Patent 8,782,528 B2)
`IPR2022-00794 (Patent 8,904,289 B2)
`IPR2022-00795 (Patent 8,356,251 B2)
`
` In view of the foregoing, it is hereby
`ORDERED that the Parties’ request to modify the Scheduling Order
`to reschedule Due Dates 7 and 8 is granted; and
`FURTHER ORDERED that new Due Dates for this proceeding are set
`forth in the revision of the DUE DATE APPENDIX.
`
`3
`
`
`
`IPR2022-00793 (Patent 8,782,528 B2)
`IPR2022-00794 (Patent 8,904,289 B2)
`IPR2022-00795 (Patent 8,356,251 B2)
`
`
`DUE DATE APPENDIX2
`
`DUE DATE 2 ......................................................................... March 17, 2023
`Petitioner’s reply to Patent Owner’s response to petition
`DUE DATE 3 ........................................................................... April 28, 2023
`Patent Owner’s sur-reply to reply
`DUE DATE 4 ............................................................................ May 16, 2023
`Request for oral argument (may not be extended by stipulation)
`DUE DATE 5 ............................................................................ May 26, 2023
`Motion to exclude evidence
`DUE DATE 6 .............................................................................. June 2, 2023
`Opposition to motion to exclude
`Request for prehearing conference
`DUE DATE 7 .............................................................................. June 9, 2023
`Reply to opposition to motion to exclude
`DUE DATE 8 ............................................................................ June 13, 2023
`Oral argument (if requested)
`
`
`
`2 Patent Owner has not filed a motion to amend the patent. Accordingly, we
`remove elements related to a motion to amend from the DUE DATEs.
`
`4
`
`
`
`IPR2022-00793 (Patent 8,782,528 B2)
`IPR2022-00794 (Patent 8,904,289 B2)
`IPR2022-00795 (Patent 8,356,251 B2)
`FOR PETITIONER:
`
`Erika Arner
`Kara Specht
`Neal Larson
`Gracie Mills
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, LLP
`erika.arner@finnegan.com
`kara.specht@finnegn.com
`neal.larson@finnegan.com
`gracie.mills@finnegan.com
`
`FOR PATENT OWNER:
`
`Sharon A. Israel
`Kyle E. Friesen
`SHOOK, HARDY & BACON L.L.P.
`sisrael@shb.com
`kfriesen@shb.com
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
