`571-272-7822
`
`Paper 45
`Date: April 14, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`CANON INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`
`Case IPR2014-006311
`Patent 7,817,914 B2
`
`
`
`
`
`
`
`
`Before RICHARD E. RICE, JAMES B. ARPIN, and PETER P. CHEN,
`Administrative Patent Judges.
`
`
`
`
`
`ARPIN, Administrative Patent Judge.
`
`ORDER
`Granting Requests for Oral Hearing
`37 C.F.R. § 42.70
`
`In the Scheduling Order for this case, we set the date for the oral hearing as
`May 14, 2015. IPR2014-00631, Paper 10. Both parties have requested an oral
`
`
`1 Case IPR2014-00632 has been consolidated with the instant proceeding.
`
`
`
`IPR2014-00631
`Patent 7,817,914 B2
`
`
`
`hearing pursuant to 37 C.F.R. § 42.70. IPR2014-00631, Papers 40 and 44. The
`requests for an oral hearing are granted.
`The oral hearing will commence at 1:00 PM, ET, on May 14, 2015, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`The hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis. The Board will provide a court
`reporter for the hearing, and the reporter’s transcript will constitute the official
`record of the hearing. Each party will have a total of forty-five (45) minutes to
`present any arguments relating to this case.
`Petitioner bears the ultimate burden of proof that the claims under review in
`this case are unpatentable. Consequently, Petitioner will open the hearing by
`presenting its case regarding the challenged claims under review; Patent Owner
`will follow. Because Patent Owner has filed a Motion to Exclude Evidence (Paper
`41), Patent Owner may discuss its Motion to Exclude Evidence during its allotted
`time. Petitioner may reserve rebuttal time to respond to Patent Owner’s arguments
`regarding the challenged claims and to Patent Owner’s arguments regarding its
`Motion to Exclude Evidence. If Patent Owner does not present arguments during
`its allotted time regarding its Motion to Exclude Evidence, Petitioner may not
`present oral arguments during its rebuttal time regarding Patent Owner’s Motion to
`Exclude Evidence. Patent Owner may reserve rebuttal time only to respond to
`Petitioner’s rebuttal arguments concerning the Motion to Exclude Evidence.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least five (5) business days prior to the hearing. The
`parties also shall provide the demonstrative exhibits to the Board at least five (5)
`business days prior to the hearing by emailing them to Trials@uspto.gov.
`
`2
`
`
`
`
`
`
`IPR2014-00631
`Patent 7,817,914 B2
`
`
`The parties shall not file any demonstrative exhibits in this case without our
`prior authorization. The parties are directed to St. Jude Medical, Cardiology
`Division, Inc. v. The Board of Regents of the University of Michigan, Case
`IPR2013-00041, slip op. 2–5 (PTAB Jan. 27, 2014) (Paper 65), and CBS
`Interactive Inc., v. Helferich Patent Licensing, LLC, Case IPR2013-00033, slip op.
`at 2–4 (PTAB Oct. 23, 2013) (Paper 118), for guidance regarding the appropriate
`content of demonstrative exhibits.
`We expect lead counsel for each party to be present in person at the
`oral hearing. However, any counsel of record may present the party’s
`arguments. If either party anticipates that its lead counsel will not attend the oral
`hearing, the parties shall request and make themselves available for a conference
`call with us to occur no later than two business days prior to the oral hearings to
`discuss the reasons for that lead counsel’s absence. Any requests regarding special
`equipment or needs, such as 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 directed to the identified email address not
`less than five (5) days before the hearings.
`Judge Arpin (Denver) and Judge Chen (Palo Alto) shall participate in the
`hearing remotely. If a demonstrative is not made available in the manner indicated
`above, that demonstrative may not be available to each of the judges during the
`hearing and may not be considered. Further, 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 ensure the clarity and
`accuracy of the reporter’s transcript and the ability of all judges to follow the
`presenter’s arguments.
`
`
`3
`
`
`
`
`IPR2014-00631
`Patent 7,817,914 B2
`
`PETITIONER:
`
`
`
`
`
`Justin J. Oliver
`Daniel S. Glueck
`FITZPATRICK, CELLA, HARPER & SCINTO
`Canon914IPR@fchs.com
`
`
`
`PATENT OWNER:
`
`Herbert D. Hart III
`David Z. Petty
`Steven J. Hampton
`James R. Hietala
`Tim R. Seeley
`MCANDREWS, HELD & MALLOY, LTD.
`hhart@mcandrews-ip.com
`dpetty@mcandrews-ip.com
`shampton@mcandrews-ip.com
`IV-IP14-00631@mcandrews-ip.com
`
`
`
`James R. Hietala
`Tim R. Seeley
`INTELLECTUAL VENTURES MANAGEMENT
`jhietala@intven.com
`tim@intven.com
`
`
`4
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