`Trials@uspto.gov
`Tel: 571-272-7822
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` Paper 11
`
` Entered: September 25, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`INDEED, INC. and MONSTER WORLDWIDE INC.,
`Petitioner,
`
`v.
`
`CAREER DESTINATION DEVELOPMENT, LLC,
`Patent Owner.
`_______________
`
`Cases CBM2014-00068 (Patent 7,424,438 B2)
`CBM2014-00077 (Patent 7,424,438 B2)
`_______________
`
`
`Before SALLY C. MEDLEY, MEREDITH C. PETRAVICK, and
`JUSTIN BUSCH, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`CBM2014-00068 (Patent 7,424,438 B2)
`CBM2014-00077 (Patent 7,424,438 B2)
`
`
`On September 23, 2014, the initial conference call1 was held between
`counsel for the respective parties and Judges Medley, Petravick, and Busch.
`
`
`Motions
`Neither party seeks authorization to file a motion at this time. Patent Owner
`indicated that it may file a motion to amend and acknowledged that it must arrange
`a conference call with the Board and opposing counsel to discuss any motion to
`amend prior to filing that motion. See 37 C.F.R. § 42.121(a). Patent Owner was
`reminded that it should arrange a conference call at least a week in advance of the
`date it wishes to file a motion to amend. The parties were reminded that if they
`seek authorization to file a motion not contemplated per the Scheduling Order, the
`party requesting such authorization must arrange a conference call with opposing
`counsel and the Board.
`
`
`Schedule
`Counsel for the respective parties indicated that they have no issues with the
`Scheduling Orders entered August 20, 2014. To the extent issues arise with
`DATES 1–5 identified in the Scheduling Orders, the parties are reminded that,
`without obtaining prior authorization from the Board, they may stipulate to
`different dates for DATES 1–5, as provided in the Scheduling Orders, by filing an
`
`
`1 The initial conference call is held to discuss the Scheduling Order and any
`motions that the parties anticipate filing during the trial. Office Patent Trial
`Practice Guide, 77 Fed. Reg. 48756, 48765 (Aug. 14, 2012).
`2
`
`
`
`
`
`CBM2014-00068 (Patent 7,424,438 B2)
`CBM2014-00077 (Patent 7,424,438 B2)
`
`appropriate notice with the Board. The parties may not stipulate to any other
`changes to the Scheduling Orders.
`
`
`Settlement
`The parties have nothing to report with respect to settlement.
`
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`Order
`
`It is
`ORDERED that no motions are authorized at this time.
`
`
`
`3
`
`
`
`CBM2014-00068 (Patent 7,424,438 B2)
`CBM2014-00077 (Patent 7,424,438 B2)
`
`PETITIONER:
`
`Brian M. Buroker
`Peter Weinberg
`GIBSON, DUNN & CRUTCHER LLP
`bburoker@gibsondunn.com
`pweinberg@gibsondunn.com
`
`Justin F. Boyce
`Jeffrey Plies
`DECHERT LLP
`justin.boyce@dechert.com
`allmonsterCBM@dechert.com
`
`PATENT OWNER:
`
`James J. Kernell
`ERICKSON KERNELL DERUSSEAU & KLEYPAS, LLC
`jjk@kcpatentlaw.com
`
`David L. Marcus
`BARTLE & MARCUS LLC
`dmarcus@bklawkc.com
`
`
`
`4
`
`
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