Paper 30
`Entered: January 20, 2015
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TRW AUTOMOTIVE US LLC,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS INC.,
`Patent Owner.
`____________
`
`Cases
`IPR2014-00251 (Patent 6,097,023), IPR2014-00255 (Patent 7,423,248),
`IPR2014-00256 (Patent 7,459,664), IPR2014-00261 (Patent 7,339,149),
`IPR2014-00262 (Patent 7,655,894), IPR2014-00266 (Patent 7,994,462)1
`
`Before JUSTIN T. ARBES, BENJAMIN D. M. WOOD,
`PATRICK R. SCANLON, NEIL T. POWELL, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`1 Cases IPR2014-00260 and IPR2014-00264 have been consolidated with
`Case IPR2014-00256. This Order applies to all six cases. The parties are
`not authorized to use this style heading for any subsequent papers.
`
`
`Entered: January 20, 2015
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TRW AUTOMOTIVE US LLC,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS INC.,
`Patent Owner.
`____________
`
`Cases
`IPR2014-00251 (Patent 6,097,023), IPR2014-00255 (Patent 7,423,248),
`IPR2014-00256 (Patent 7,459,664), IPR2014-00261 (Patent 7,339,149),
`IPR2014-00262 (Patent 7,655,894), IPR2014-00266 (Patent 7,994,462)1
`
`Before JUSTIN T. ARBES, BENJAMIN D. M. WOOD,
`PATRICK R. SCANLON, NEIL T. POWELL, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`1 Cases IPR2014-00260 and IPR2014-00264 have been consolidated with
`Case IPR2014-00256. This Order applies to all six cases. The parties are
`not authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2014-00251, IPR2014-00255, IPR2014-00256, IPR2014-00261,
`IPR2014-00262, IPR2014-00266
`
`
`Petitioner and Patent Owner requested a hearing in each of the above
`proceedings pursuant to 37 C.F.R. § 42.70(a). See IPR2014-00251, Papers
`26, 27; IPR2014-00255, Papers 27, 28; IPR2014-00256, Papers 28, 29;
`IPR2014-00261, Papers 31, 32; IPR2014-00262, Papers 29, 30;
`IPR2014-00266, Papers 31, 32. The requests are granted.
`Each party will have forty-five (45) minutes of time to present
`arguments for each of the six proceedings. Petitioner bears the ultimate
`burden of proof that the challenged claims are unpatentable. Therefore, for
`each proceeding, Petitioner will proceed first to present its case as to the
`challenged claims, and may reserve rebuttal time. Patent Owner then will
`respond to Petitioner’s case. After that, Petitioner may use the rest of its
`time to respond to Patent Owner’s presentation.
`The hearings for the six proceedings will take place as follows:2
`Case
`Date and Time
`IPR2014-00251
`10:00 AM Eastern Time, February 18, 2015
`
`IPR2014-00255
`
`1:00 PM Eastern Time, February 18, 2015
`
`IPR2014-00261
`
`IPR2014-00256
`
`Immediately following the hearing for Case
`IPR2014-00255
`10:00 AM Eastern Time, February 19, 2015
`
`IPR2014-00262
`
`1:00 PM Eastern Time, February 19, 2015
`
`IPR2014-00266
`
`Immediately following the hearing for Case
`IPR2014-00262
`
`
`2 If the parties believe that any of the proceedings can be argued together,
`or that a different sequence would be more efficient, the parties may request
`a conference call.
`
`
`
`2
`
`
`
`IPR2014-00251, IPR2014-00255, IPR2014-00256, IPR2014-00261,
`IPR2014-00262, IPR2014-00266
`
`The hearings will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`In-person attendance will be accommodated on a first come, first served
`basis. The Board will provide a court reporter for the hearings, and the
`reporter’s transcripts will constitute the official record of the hearings.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearings. The parties shall confer with each
`other regarding any objections to demonstrative exhibits in each proceeding,
`and file demonstrative exhibits with the Board at least two business days
`prior to the hearing. For any issue that cannot be resolved after conferring
`with the opposing party, the parties may file jointly a one-page list of
`objections at least two business days prior to the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one sentence) of the
`reason for each objection. No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call if necessary.
`Otherwise, we will reserve ruling on the objections until the hearing or after
`the hearing. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013)
`(Paper 118), regarding the appropriate content of demonstrative exhibits.
`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 hearings to ensure the clarity and accuracy of the
`reporter’s transcripts. The parties also should note that for some of the
`
`
`
`3
`
`
`
`IPR2014-00251, IPR2014-00255, IPR2014-00256, IPR2014-00261,
`IPR2014-00262, IPR2014-00266
`
`proceedings, a member of the panel will be attending the hearings
`electronically from a remote location and that if a demonstrative exhibit is
`not filed or otherwise made fully available or visible to the judge presiding
`over the hearing remotely, that demonstrative exhibit will not be considered.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearings, although any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for either party will not be
`in attendance at the hearings, the Board should be notified via a joint
`conference call no later than two days prior to the hearings to discuss the
`matter.
`Requests for audio-visual equipment at the hearings are to be made
`five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the days of the hearings. Further, 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.
`
`
`
`
`
`4
`
`
`
`IPR2014-00251, IPR2014-00255, IPR2014-00256, IPR2014-00261,
`IPR2014-00262, IPR2014-00266
`
`PETITIONER:
`
`Josh Snider
`Timothy Sendek
`A. Justin Poplin
`LATHROP & GAGE LLP
`patent@lathropgage.com
`tsendek@lathropgage.com
`jpoplin@lathropgage.com
`
`PATENT OWNER:
`
`Timothy A. Flory
`Terence J. Linn
`GARDNER, LINN, BURKHART & FLORY, LLP
`Flory@glbf.com
`linn@glbf.com
`
`David K.S. Cornwell
`Jason D. Eisenberg
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`davidc-PTAB@skgf.com
`jasone-PTAB@skgf.com
`
`
`
`
`
`
`
`5
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