`571-272-7822
`
` Paper 26
`
`
` Entered: April 25, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`BETTER FOOD CHOICES LLC,
`Patent Owner.
`____________
`
`Case CBM2015-00071
`Patent 5,841,115
`
`
`
`
`Before MICHAEL P. TIERNEY, GLENN J. PERRY, and MINN CHUNG,
`Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`CBM2015-00071
`Patent 5,841,115
`
`
`A trial in this proceeding was instituted on August 20, 2015. Paper
`10. A Scheduling Order, also issued on August 20, 2015, set the date for
`oral hearing to May 19, 2016, if hearing is requested by the parties and
`granted by the Board. Paper 11. Both parties have requested oral hearing
`pursuant to 37 C.F.R. § 42.70. Papers 22, 23, and 24. Those requests are
`GRANTED.
`A hearing for this proceeding will be held on May 19, 2016, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The hearing will commence at 1:00 PM Eastern Time, and it will
`be open to the public for in-person attendance. In-person attendance will be
`accommodated on a first-come-first-served basis. If the parties have any
`concern about disclosing confidential information, they are to contact the
`Board at least five (5) business days in advance of the hearing to discuss the
`matter.
`Each party will have 45 minutes of total argument time. Petitioner
`bears the ultimate burden of proof that the claims at issue are unpatentable.
`Therefore, Petitioner will proceed first to present its case with regard to the
`challenged claims and grounds on which we instituted trial. Patent Owner
`then will respond to Petitioner’s case. Petitioner may reserve rebuttal time.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. Under
`37 C.F.R. § 42.70(b), demonstrative exhibits must be served five (5)
`business days before the hearing. The parties shall file copies of any
`demonstrative exhibits at the Board at least three (3) business days prior to
`the hearing. A hard copy of the demonstratives should be provided to the
`court reporter at the hearing. The demonstrative exhibits in this case are not
`
`2
`
`
`
`CBM2015-00071
`Patent 5,841,115
`
`evidence and are intended only to assist the parties in presenting their oral
`argument to the Board.
`The parties must file any objections to the demonstratives with the
`Board at least two (2) business days before the hearing. Any objection to the
`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. The Board will consider the
`objections and schedule a conference if necessary, or the Board may reserve
`ruling until 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, IPR2013-00041 (PTAB January 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. Requests for audio-visual equipment are to be made
`five (5) business days in advance of the hearing date in a separate
`communication directed to the above email address. If the request is
`not received timely, the equipment may not be available on the day of
`the hearing.
`The parties also should note that at least one member of the panel will
`be attending the hearing electronically from a remote location and that if a
`demonstrative is not filed or otherwise made fully available or visible to the
`judge(s) presiding over the hearing remotely, that demonstrative will not be
`considered. If the parties have questions as to whether demonstrative
`exhibits would be sufficiently visible and available to all of the judges, the
`parties are invited to contact the Board at 571-272-9797. The parties are
`
`3
`
`
`
`CBM2015-00071
`Patent 5,841,115
`
`reminded that the presenter must identify clearly and specifically each
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`hearing to avoid confusion, and to ensure the clarity and accuracy of the
`reporter’s transcript.
`The Board expects lead counsel for each party to be present at oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If either party anticipates 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 three (3) business days prior to the
`oral hearing to discuss the matter.
`
`
`
`
`
`4
`
`
`
`CBM2015-00071
`Patent 5,841,115
`
`PETITIONER:
`
`Ryan McBrayer
`Bing Ai
`PERKINS COIE LLP
`rmcbrayer@perkinscoie.com
`Ai-ptab@perkinscoie.com
`
`
`
`PATENT OWNER:
`
`Robert Huntsman
`HUNTSMAN LAW GROUP, PLLC
`bobh@hunstmanlg.com
`
`
`5
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