Trials@uspto.gov
`571-272-7822
`
`Paper 31
`Entered: May 27, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`CANON, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURE I LLC,
`Patent Owner.
`____________
`
`IPR2014-00535 (Patent 7,315,406 B2)
`IPR2014-00757 (Patent 8,300,285 B2)1
`____________
`
`
`
`Before THOMAS. L. GIANNETTI, JAMES A. TARTAL, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`The date for oral hearing in each of these proceedings is set for
`
`June 24, 2015, if hearing is requested by the parties and granted by the
`
`Board. Paper 25 (IPR2014-00535), Paper 9 (IPR2014-00757). Both parties
`
`
`1 The parties are not authorized to use this style heading in subsequent
`papers.
`
`
`571-272-7822
`
`Paper 31
`Entered: May 27, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`CANON, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURE I LLC,
`Patent Owner.
`____________
`
`IPR2014-00535 (Patent 7,315,406 B2)
`IPR2014-00757 (Patent 8,300,285 B2)1
`____________
`
`
`
`Before THOMAS. L. GIANNETTI, JAMES A. TARTAL, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`The date for oral hearing in each of these proceedings is set for
`
`June 24, 2015, if hearing is requested by the parties and granted by the
`
`Board. Paper 25 (IPR2014-00535), Paper 9 (IPR2014-00757). Both parties
`
`
`1 The parties are not authorized to use this style heading in subsequent
`papers.
`
`
`
`IPR2014-00535 (Patent 7,315,406 B2)
`IPR2014-00757 (Patent 8,300,285 B2)
`
`have requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 26, 29
`
`(IPR2014-00535), Papers 24, 25 (IPR2014-00757). Petitioner’s and Patent
`
`Owner’s requests for oral hearing are granted.
`
`Each side will have 60 minutes, total, to present argument as to both
`
`cases. Any representation made by counsel at the consolidated oral hearing
`
`is applicable to and useable in all proceedings which have underlying basis
`
`for the representation. The Board will provide a court reporter for the
`
`consolidated hearing and the reporter’s transcript will constitute the official
`
`record of the hearing for all three proceedings.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`claims at issue in these reviews are unpatentable. Therefore, Petitioner will
`
`open the hearing by presenting its case regarding the challenged claims for
`
`which the Board instituted trial. Petitioner may allocate its time as it wishes
`
`among the two patents involved. After Petitioner’s presentation, Patent
`
`Owner will respond to Petitioner’s argument. Petitioner may reserve time to
`
`respond to arguments presented by Patent Owner.
`
`The hearing will commence at 2 PM on June 24, 2015, on the ninth
`
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. At
`
`least one member of the panel will be attending the oral argument remotely
`
`by use of two-way audio-visual communication equipment. The hearing
`
`will be open to the public for in-person attendance that will be
`
`accommodated on a first-come, first-served basis. If the parties have any
`
`concern about disclosing confidential information, they are requested to
`
`2
`
`
`
`IPR2014-00535 (Patent 7,315,406 B2)
`IPR2014-00757 (Patent 8,300,285 B2)
`
`contact the Board at least 10 days in advance of the hearing to discuss the
`
`matter.
`
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`
`proponent of deposition testimony must file such testimony as an exhibit.
`
`The Board will not consider any deposition testimony that has not been so
`
`filed.
`
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`
`be served at least five business days before the hearing date. The parties
`
`also shall provide a courtesy copy of any demonstrative exhibits to the
`
`Board at least five business days prior to the hearing by emailing them to
`
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`
`this proceeding without prior authorization from the Board.
`
`The parties must file any objections to the demonstrative exhibits with
`
`the Board at least two business days before the hearing. Any objection to
`
`demonstrative exhibits that is not timely presented will be considered
`
`waived. The objections should identify with particularity which
`
`demonstrative exhibits 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 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
`
`3
`
`
`
`IPR2014-00535 (Patent 7,315,406 B2)
`IPR2014-00757 (Patent 8,300,285 B2)
`
`January 27, 2015) (Paper 65), for guidance regarding the appropriate content
`
`of demonstrative exhibits.
`
`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 audio-visual 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
`
`
`
`IPR2014-00535 (Patent 7,315,406 B2)
`IPR2014-00757 (Patent 8,300,285 B2)
`
`PETITIONER
`
`Justin Oliver
`Daniel Glueck
`Canon406IPR@fchs.com
`
`
`PATENT OWNER
`
`Brenton Babcock
`2brb@knobbe.com
`
`Tedd Cannon
`2tmc@knobbe.com
`
`Tim Seeley
`tim@intven.com
`
`James Hietala
`jhietala@intven.com
`
`
`
`
`
`
`5
`
`
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