Garmin Int’l, Inc. et al. v. Cuozzo Speed Tech. LLC


Paper 16, January 9, 2013

IPR2012-00001 (JL) (Patent 6,778,074)

[The Board’s scheduling order sets dates for motions, responses, replies, and oral hearings]

FACTS

The Board instituted an IPR with regard to petitioner’s claims and issued this scheduling order.

HOLDING

This scheduling order sets out the dues dates for the proceedings upon the institution of an IPR.

Testimony Guidelines appended to the Trial Practice Guide, 77 Fed. Reg. 48756, 48772 (Aug. 14, 2012) (Appendix D), apply to this proceeding.

Parties may stipulate to different dates for DUE DATES 1 – 3; parties may not stipulate to extension of DUE DATES 4 – 7

DUE DATE 1:

  • Patent owner may file a response to the petition;
  • Patent owner may file a motion to amend the patent.

DUE DATE 2:

  • Petitioner may file a reply to the patent’s owner response and an opposition to the patent owner’s motion to amend.

DUE DATE 3:

  • The patent owner may file a reply to the petitioner’s opposition to patent owner’s motion to amend.

DUE DATE 4:

  • Petitioner may file a motion for an observation on the cross-examination testimony of a reply witness;
  • Each party may file a motion to exclude evidence (37 C.F.R § 42.64(c)) and a request for oral argument (37 C.F.R. § 42.70(a)).

DUE DATE 5:

  • Patent owner may file a reply to a petitioner’s observation on cross-examination testimony. Any such filing must be made by DUE DATE 5.
  • Each party may file an opposition to a motion to exclude evidence. Any such filing must be made by DUE DATE 5.

DUE DATE 6:

  • Each party may file a reply to an opposition to a motion to exclude evidence.

DUE DATE 7:

  • The oral argument (if requested by either party)

Cross examination begins after any supplemental evidence is due and ends no later than a week before the filing date of any paper in which cross-examination testimony is to be used.

Motion for observation on cross-examination provides the petitioner with a mechanism to draw the Board’s attention to relevant cross-examination testimony of a reply witness.

TAKEAWAY

The Board’s scheduling order sets dates for motions, responses, replies, and oral hearings.

 

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