`Trials@uspto.gov
`Tel: 571-272-7822
`
`Filed: January 28, 2020
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ARKEMA INC. AND ARKEMA FRANCE,
`Petitioner,
`
`v.
`
`HONEYWELL INTERNATIONAL INC.,
`Patent Owner.
`_____________
`
`PGR2016-00011
`PGR2016-000121
`Patent 9,157,017 B2
`______________
`
`
`Before MICHAEL P. TIERNEY, Vice Chief Administrative Patent Judge,
`GRACE KARAFFA OBERMANN, and KRISTI L. R. SAWERT,
`Administrative Patent Judges.
`
`SAWERT, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 We exercise our discretion to issue a single Order to be entered in each
`case using a joint caption. The parties are not permitted to use this caption
`unless authorized by the Board. For convenience, we use the paper and
`exhibit numbers from PGR2016-00011.
`
`
`
`
`PGR2016-00011
`PGR2016-00012
`Patent 9,157,017 B2
`
`
`On January 27, 2020, the Board issued an Order pursuant to 37 C.F.R.
`§ 42.5 ordering that the cross-examination of Patent Owner’s declarant,
`Mr. Joseph Posillico, shall take place no later than January 30, 2020.
`Paper 68 (“Order”), 5. Also that day, Petitioner contacted the Board via e-
`mail notifying the Board that Mr. Posillico’s cross-examination will take
`place on January 31, 2020. Ex. 3003. In its email, Petitioner states:
`We note that this date is outside the time period that the Board
`ordered the deposition to occur, but counsel for [Petitioner]
`understands that a scheduling conflict came up, and Mr. Posillico
`was no longer available on January 28th. Counsel for
`[Petitioner] is amenable to accommodating Mr. Posillico’s
`schedule and has agreed to the deposition on Friday, January 31,
`so long as the Board does not object.
`Id. Because the parties have conferred and agree to this date for cross-
`examination, we modify our Order to allow Mr. Posillico’s cross-
`examination to take place no later than January 31, 2020.
`In consideration of the above, it is hereby:
`ORDERED that a cross-examination of Mr. Joseph Posillico shall
`take place no later than January 31, 2020.
`
`
`
`
`2
`
`
`
`PGR2016-00011
`PGR2016-00012
`Patent 9,157,017 B2
`
`For PETITIONER:
`Mark Sweet
`Mark Feldstein
`Erin Sommers
`Charles Mitchell
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
`mark.sweet@finnegan.com
`mark.feldstein@finnegan.com
`erin.sommers@finnegan.com
`charles.mitchell@finnegan.com
`
`For PATENT OWNER:
`Gregg LoCascio
`Noah Frank
`KIRKLAND & ELLIS LLP
`glocascio@kirkland.com
`noah.frank@kirkland.com
`
`Eugene Goryunov
`HAYNES & BOONE, LLP
`eugene.goryunov.ipr@haynesboone.com
`
`
`
`
`
`
`
`3
`
`