Petitioner, J Squared, Inc. d/b/a University Loft Company (“Petitioner”), cross-examined these witnesses by depositions conducted in January, 2016, and subsequently filed a Reply to Patent Owner’s Response on February 16, 2016 in each case (Paper 21), accompanied by complete transcripts of the depositions of each witness (Exhibits 1025, 1027, and 1028).
On March 28, 2016, Patent Owner filed motions for observations in each case on the cross-examination testimony of its own witnesses Philip Bontrager, David Harting, and Anthony Warncke (Papers 25, 26, and 27, respectively).
The Office Patent Trial Practice Guide describes the use of observations on cross-examination as follows: In the event that cross-examination occurs after a party has filed its last substantive paper on an issue, such cross-examination may result in testimony that should be called to the Board’s attention, but the party does not believe a motion to exclude the testimony is warranted.
2 Counsel for the parties were directed to this specific portion of the Office Patent Trial Practice Guide in the Board’s Scheduling Order in each case (Paper 8, at 6).
It is therefore ORDERED that Patent Owner’s Motions for Observations on Cross Examination (Papers 25, 26, and 27) filed in IPR2015-00774 and IPR2015- 00958 are dismissed and will be expunged.