`571-272-7822
`
`Paper 35
`Entered: April 21, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`THE UNITED STATES POSTAL SERVICE (USPS) AND
`THE UNITED STATES OF AMERICA,
`AS REPRESENTED BY THE POSTMASTER GENERAL,
`Petitioner,
`
`v.
`
`RETURN MAIL, INC.,
`Patent Owner.
`_______________
`
`CBM2014-00116
`Patent 6,826,548 B2
`_______________
`
`
`
`Before BARBARA A. BENOIT, KEVIN F. TURNER, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`
`TURNER, Administrative Patent Judge
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`CBM2014-00116
`Patent 6,826,548 B2
`
`
`
`The Scheduling Order (Paper 12) for this proceeding provided that an oral
`hearing would be conducted if the hearing is requested by the parties and granted
`by the Board. Patent Owner and Petitioner requested oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 27, 29. The requests are granted.
`Each side will have sixty (60) minutes of total time to present argument for
`this proceeding. Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue are unpatentable. Thus, Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which we instituted trial.
`Petitioner may reserve some of its argument time for rebuttal. Thereafter, Patent
`Owner will respond to Petitioner’s presentation.
`The hearing will commence at 1:00 PM on May 12, 2015, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia. The Board
`will provide a court reporter for the hearing and the reporter’s transcript will
`constitute the official record of the hearing and will be entered in the record of
`each proceeding. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis.
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must be
`served at least five business days before the hearing date. Barring any objections
`to the demonstratives by the opposing party, the parties are authorized to file any
`demonstrative exhibits in this proceeding in PRPS three business days prior to the
`oral hearing date. The parties also should note that one or more members of the
`panel will be attending the hearing electronically from a remote location and will
`not be able to view the projection screen in the hearing room. The parties are
`reminded that the presenter must identify clearly and specifically each
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`
`2
`
`
`
`
`
`
`CBM2014-00116
`Patent 6,826,548 B2
`
`
`hearing to avoid confusion, and to ensure the clarity and accuracy of the reporter’s
`transcript.
`If there are objections to the demonstratives, the party raising the objections
`must communicate those objections via email to Trials@uspto.gov. Any objection
`to demonstrative exhibits that is not presented timely will be considered waived.
`The objections should identify with particularity which demonstratives are subject
`to objection and include a short (one sentence or less) statement of the reason for
`each objection. No argument or further explanation is permitted. The Board will
`consider the objections and schedule a conference if deemed necessary.
`Otherwise, the Board will reserve ruling on the objections until at or after the oral
`argument. The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`v. The Board of Regents of the University of Michigan, Case IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits. See also CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) (The
`Board has the discretion to limit the parties’ demonstratives to pages in the record
`should there be no easy resolution to objections over demonstratives.).
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, any counsel of record may present the party’s argument. If
`either party expects that its lead counsel will not be attending the oral argument,
`the parties should initiate a joint telephone conference with the Board no later than
`two business days prior to the oral hearing to discuss the matter.
`Any special requests for audiovisual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored unless
`presented in a separate communication not less than five days before the hearing,
`directed to the above email address.
`
`
`3
`
`
`
`
`
`
`CBM2014-00116
`Patent 6,826,548 B2
`
`PETITIONER:
`Lionel Lavenue
`Erika Arner
`Elizabeth Ferrill
`Joshua Goldberg
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
`lionel.lavenue@finnegan.com
`erika.arner@finnegan.com
`elizabeth.ferrill@finnegan.com
`joshua.goldberg@finnegan.com
`
`
`
`
`
`PATENT OWNER:
`Eric M. Adams
`Douglas H. Elliot
`THE ELLIOTT LAW FIRM, PLLC
`eric@elliottiplaw.com
`delliott@elliottiplaw.com
`
`
`
`4
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