`571-272-7822
`
`
` Paper 21
`Entered: January 29, 2020
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., INSTAGRAM, LLC, and WHATSAPP INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`Case IPR2019-00516
`Case IPR2019-00528
`Patent 8,279,173 B2
`
`____________
`
`
`
`Before, SALLY C. MEDLEY, MIRIAM L. QUINN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding—Scheduling Order Update
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
`
`
`
`The Scheduling Order in these proceedings sets the deadline for
`Patent Owner’s Motion to Amend on October 28, 2019 (DUE DATE 1) and
`the deadline for Petitioner’s Opposition to the Motion on January 21, 2020
`(DUE DATE 2). Paper 8 (“Scheduling Order”). Pursuant to a stipulated
`modification of DUE DATE 1, Patent Owner filed a Conditional Motion to
`Amend on November 14, 2019. Paper 15. The parties subsequently
`stipulated to an extension of DUE DATE 2: January 28, 2020. Paper 17.
`The parties have recently stipulated again to modify DUE DATE 2 to
`February 7, 2020. As stated in our Scheduling Order, the parties may
`stipulate to different dates for DUE DATES 1 through 3, 5, and 6.
`Scheduling Order 6. However, “the parties must be cognizant that the Board
`requires four weeks after the filing of an opposition to the motion to amend
`(or the due date for the opposition, if none is filed) for the Board to issue its
`preliminary guidance, if requested by Patent Owner.” Id. at 6.
`Here, Patent Owner requested the Board’s preliminary guidance in its
`Motion to Amend. That guidance is due no later than March 6, 2020, four
`weeks after the recently stipulated DUE DATE 2. The current deadline for
`Patent Owner’s Reply to the opposition (DUE DATE 3) is March 3, 2020,
`which is before the deadline for issuance of the guidance.
`Given the overrun in the schedule caused by the stipulated extensions
`of DUE DATE 2, the panel will not allow any further delays in filings
`addressing the Motion to Amend. The parties may not stipulate to any
`further modifications to DUE DATE 2, as such a change would cause a third
`delay to the Board’s issuance of the preliminary guidance and subsequent
`deadlines. Furthermore, to allow for the contingency for Patent Owner to
`2
`
`
`
`
`
`
`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
`
`
`file a revised motion to amend, we are setting DUE DATE 3 to March 16,
`2020, which is 10 days from the due date for issuance of the preliminary
`guidance. The parties shall not stipulate to a modification of DUE DATE 3
`without the panel’s authorization, which will require good cause shown. See
`37 C.F.R. § 42.5(c)(2).
`
`ORDER
`It is hereby ORDERED that the Scheduling Order is modified to set
`DUE DATE 2 to February 7, 2020, as stipulated by the parties (Paper 20),
`and that the parties are not authorized to stipulate any further extension to
`this DUE DATE; and
`FURTHER ORDERED that DUE DATE 3 is set to March 16, 2020.
`The parties may not file joint stipulations to a new DUE DATE 3 without
`authorization from the panel.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
`
`
`PETITIONER:
`Heidi L. Keefe
`Andrew C. Mace
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`
`
`PATENT OWNER:
`James M. Glass
`Richard Lowry
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`richardlowry@quinnemanuel.com
`
`
`
`
`4
`
`
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