`571-272-7822
`
`
` Paper 21
`Entered: March 2, 2020
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SNAP INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`Case IPR2019-00714 (Patent 8,825,084 B2)
`Case IPR2019-00715 (Patent 8,326,327 B2)
`____________
`
`
`
`Before MICHAEL R. ZECHER, 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(a)
`
`
`
`
`
`
`
`Case IPR2019-00714 (Patent 8,825,084 B2)
`Case IPR2019-00715 (Patent 8,326,327 B2)
`
`
`
`The Scheduling Order in these proceedings set the deadline for Patent
`Owner’s Motion to Amend on November 27, 2019 (DUE DATE 1) and the
`deadline for Petitioner’s Opposition to the Motion on February 19, 2020
`(DUE DATE 2). Paper 10 (“Scheduling Order”).1 The Scheduling Order
`also stated that the parties may stipulate changes to DUE DATES 1 through
`3, 5, and 6.
`In the 715 Proceeding, Patent Owner filed a Contingent Motion to
`Amend on DUE DATE 1 according to the Scheduling Order. That Motion
`seeks the Board’s Preliminary Guidance under the current pilot program
`concerning motions to amend.2 Since the filing of the Motion, the parties
`have stipulated to several changes to DUE DATES 2 and 3. The latest
`stipulation sets DUE DATE 2 to March 10, 2020, resulting in a three-week
`extension of the initial Scheduling Order deadline. Consequently, the
`Board’s deadline for issuing the Preliminary Guidance has changed
`accordingly.
`Given the time and resources, the Board foresees allocating in issuing
`the requested Preliminary Guidance, and to allow for the contingency for
`Patent Owner to file a revised motion to amend, we hereby modify the
`Scheduling Order to disallow any further stipulations to any upcoming
`
`
`
` 1
`
`
`
`
` We refer to the filings in IPR2019-00715.
`2 See Notice Regarding a New Pilot Program Concerning Motion to Amend
`Practice and Procedures in Trial Proceedings Under the America Invents Act
`Before the Patent Trial and Appeal Board, 84 Fed. Reg. 9,497 (Mar. 15,
`2019) (providing a patent owner with the option to receive preliminary
`guidance from the Board on its motion to amend) (“Notice”).
`2
`
`
`
`Case IPR2019-00714 (Patent 8,825,084 B2)
`Case IPR2019-00715 (Patent 8,326,327 B2)
`
`
`deadlines without panel 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 in both
`of the captioned proceedings to require panel authorization for any further
`stipulated modifications to DUE DATES 2, 3, 5 and 6.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2019-00714 (Patent 8,825,084 B2)
`Case IPR2019-00715 (Patent 8,326,327 B2)
`
`
`For PETITIONER:
`
`Yar Chaikovsk
`David Okano
`PAUL HASTINGS LLP
`yarchaikovsky@paulhastings.com
`davidokano@paulhastings.com
`
`
`For PATENT OWNER:
`
`Michael T. Hawkins
`Nicholas Stephens
`Kenneth W. Darby
`Kim Leung
`Craig A. Deutsch
`FISH & RICHARDSON P.C.
`hawkins@fr.com
`nstephens@fr.com
`kdarby@fr.com
`leung@fr.com
`deutsch@fr.com
`
`Ognjen Zivojnovic
`Sam Stake
`Alex Wolinsky
`James M. Glass
`QUINN EMANUEL URQHART, & SULLIVAN, LLP
`ogizivojnovic@quinnemanuel.com
`samstake@quinnemanuel.com
`alexworlinsky@quinnemanuel.com
`jimglass@quinnemanuel.com
`
`
`
`
`
`
`
`4
`
`
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