`571-272-7822
`
`Paper 22
`Entered: April 23, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`TOSHIBA CORPORATION, TOSHIBA AMERICA, INC.,
`TOSHIBA AMERICA ELECTRONIC COMPONENTS, INC.,
`and TOSHIBA AMERICA INFORMATION SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-00418
`Patent 5,500,819
`_______________
`
`
`
`Before KEVIN F. TURNER, TREVOR M. JEFFERSON, and
`DAVID C. McKONE, Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge.
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`Case IPR2014-00418
`Patent 5,500,819
`
`
`
`
`
`The Scheduling Order (Paper 8) 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 20, 21. 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 6, 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
`
`2
`
`
`
`
`
`
`Case IPR2014-00418
`Patent 5,500,819
`
`
`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 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
`
`3
`
`
`
`
`Case IPR2014-00418
`Patent 5,500,819
`
`
`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.
`
`
`
`
`4
`
`
`
`
`
`
`
`
`Case IPR2014-00418
`Patent 5,500,819
`
`PETITIONER:
`Gianni Minutolli
`Gianni.minutoli@dlapiper.com
`Kevin Hamilton
`Kevin.hamilton@dlapiper.com
`
`PATENT OWNER:
`Lori Gordon
`Lgordon-PTAB@skgf.com
`Michael Specht
`Mspecht-PTAB@skgf.com
`Omar Amin
`Oamin-PTAB@skgf.com
`
`5
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
