`Entered: June 16, 2014
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`K-40 ELECTRONICS, LLC
`Petitioner
`
`v.
`
`ESCORT, INC.
`Patent Owner
`_______________
`
`Case IPR2013-00203
`Patent 7,999,721
`______________
`
`Before GLENN J. PERRY, THOMAS L. GIANNETTI, and
`TRENTON A. WARD, Administrative Patent Judges.
`
`
`
`WARD, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`
`
`
`
`
`IPR2013-00203
`Patent 7,999,721
`
`
`A conference call was held on June 16, 2014 and attended by the above-
`identified panel members and respective counsel for the parties. The following
`matters were discussed.
`Petitioner filed Objections (Paper 40) on June 12, 2014 to certain of Patent
`Owner’s demonstratives (Papers 37, 38, and 39) filed June 10, 2014. During the
`call, Petitioner identified specific rejections to pages 125 and 324-326 of Patent
`Owner’s demonstratives. See also Paper 40, 2-3. Patent Owner responded to the
`objections by stating that the majority of the demonstratives were duplicates of
`documents already entered into the record and that Patent Owner was unsure as to
`what materials it would be permitted to reference during the oral argument. Patent
`Owner also indicated that it may not rely upon every page of the demonstratives.
`We informed the parties that, for this proceeding, any document previously
`marked as an exhibit and entered into the record could be referred to and relied
`upon by either party during the oral hearing. Furthermore, we informed Patent
`Owner that its demonstratives duplicating materials already in the record were
`redundant and unnecessary. The Board may expunge any paper that is not
`authorized. 37 C.F.R. § 42.7(a). Accordingly, we hereby expunge Patent Owner’s
`demonstratives (Papers 37, 38, and 39) filed June 10, 2014 because, inter alia, the
`majority of these materials are duplicative of the record.
`Demonstratives are intended to be a visual aid to a party’s presentation. See
`Order for Conduct of Proceeding in IPR2013-00033, Paper 118, 2-4. Furthermore,
`by the time a proceeding reaches final oral hearing, nothing new can be presented,
`no new evidence, no new arguments. Id. at 2.
`Patent Owner may re-file its demonstrative exhibits today, June 16, 2014,
`omitting any documents that are already in the record or that exceed the scope of
`what constitutes a proper demonstrative exhibit. See id. at 2-4.
`
` 2
`
`
`
`
`
`
`
`IPR2013-00203
`Patent 7,999,721
`
`
`The panel will reserve ruling on Petitioner’s Objections until after the
`hearing.
`
`
`ORDER
`In view of the foregoing, it is, therefore,
`ORDERED Patent Owner’s demonstratives (Papers 37, 38, and 39) filed
`June 10, 2014 are expunged;
`FURTHER ORDERED that Patent Owner may re-file its demonstrative
`exhibits today, June 16, 2014, subject to the restriction that exhibits that are
`already part of the record be omitted; and
`FURTHER ORDERED that rulings on Petitioner’s objections to Patent
`Owner’s demonstrative exhibits are reserved until after the hearing.
`
`
`For PETITIONER:
`
`Greg Gardella
`Scott McKeown
`Michael L. Kiklis
`OLBON SPIVAK
`cpdocketgardella@oblon.com
`cpdocketmckeown@oblon.com
`CPDocketKiklis@oblon.com
`
`For PATENT OWNER:
`
`Thomas W. Humphrey
`John Paul Davis
`WOOD HERRON & EVANS, LLP
`thumphrey@whe-law.com
`jdavis@whe-law.com
`
`
` 3
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