` Entered: May 13, 2016
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.,
`Petitioner,
`
`v.
`
`CONVERGENT MEDIA SOLUTIONS, INC.,
`Patent Owner.
`_______________
`
`
`
`Case IPR2016-00047
`Patent 8,640,183 B2
`_______________
`
`
`
`Before JAMESON LEE, LYNNE E. PETTIGREW, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
`
`
`
`IPR2016-00047
`Patent 8,640,183 B2
`
`
`An initial telephone conference call was held on May 12, 2016. The
`participants were P. Andrew Riley, Kai Rajan, and Jonathan Stroud for
`Petitioner, Clay McGurk for Patent Owner, and Judges Horvath, Lee, and
`Pettigrew.
`During the call, we advised the parties that they can mutually agree to
`change any of due dates 1 through 5, but could not change due dates 6 and 7
`without Board approval. The parties agreed to all current due dates set forth
`in the Scheduling Order entered on April 13, 2016, and indicated they are
`available for trial on January 11, 2017.
`We advised the parties that there is currently no Protective Order in
`this case. We further advised the parties that if they desire to protect any
`information they deem confidential, they should file a Motion to Seal that
`includes, as an exhibit, a signed acknowledgment binding the moving party
`to a protective order. If the motion is unopposed, the motion should also
`include, as another exhibit, a signed acknowledgement from the non-moving
`party. We encouraged the parties to operate under the default protective
`order. However, if the parties agree to operate under an alternative
`protective order, they should file a joint Motion to Seal, and include as
`exhibits the alternative protective order, a redline showing how the
`alternative protective order differs from the default protective order, and
`signed acknowledgments from both parties. The Motion to Seal should also
`explain why the confidentiality of the information sought to be protected
`outweighs the public interest in having an open record. A Protective Order
`will not be entered until Board approval.
`We instructed the parties that Motions to Exclude should only be filed
`to challenge the admissibility of evidence under the Federal Rules of
`
`
`
`2
`
`
`
`IPR2016-00047
`Patent 8,640,183 B2
`
`Evidence. If an issue arises with regard to a paper being beyond its proper
`scope, e.g., by belatedly raising new issues or submitting new evidence, the
`parties shall contact the Board in a timely manner to raise the issue.
`We reminded the parties that Motions for Observation on Cross-
`Examination should not be argumentative. Such motions provide a party
`who has no further opportunity to file a substantive paper to bring relevant
`deposition testimony to the Board’s attention. Motions for Observation of
`Cross-Examination should consist of one or more observations, with each
`observation limited to one short paragraph identifying the testimony to be
`considered by the Board, and how it relates to evidence already of record.
`We also instructed the parties that should Patent Owner decide to file
`a Motion to Amend, Patent Owner should arrange a conference call with the
`Board at least two weeks prior to filing the motion. During the conference
`call, the parties should be prepared to discuss the guidance on Motions to
`Amend found in MasterImage 3D, Inc. v. RealD Inc., Case IPR2015-00040,
`slip op. at 2–3, Paper 42 (PTAB July 15, 2015) (precedential).
`Lastly, we instructed Petitioner to file a brief statement indicating
`whether the parties have met and conferred regarding alternative dispute
`resolution, and whether the parties have reached any agreement in that
`regard.
`
`ORDER
`
`It is
`ORDERED that all due dates set forth in the Scheduling Order
`
`entered on April 13, 2016 (Paper 12) remain unchanged at this time.
`
`
`
`
`
`3
`
`
`
`IPR2016-00047
`Patent 8,640,183 B2
`
`For PETITIONER:
`P. Andrew Riley
`Joshua L. Goldberg
`Kai Rajan
`Jonathan Stroud
`Convergent-183-IPR@finnegan.com
`jonathan@unifiedpatents.com
`
`For PATENT OWNER:
`Clay McGurk
`Robert Westerlund
`claymcgurk@gmail.com
`bob@robertwesterlund.com
`
`
`
`
`
`4
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