`571-272-7822
`
`Paper 22
`Entered: June 16, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`OSRAM SYLVANIA INC.,
`Petitioner,
`
`v.
`
`JAM STRAIT, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00703
`Patent 6,786,625 B2
`____________
`
`Before MIRIAM L. QUINN, BART A. GERSTENBLITH,
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`IPR2014-00703
`Patent 6,786,625 B2
`
`
`On June 15, 2015, Patent Owner requested a call with the Board to
`seek authorization to make oral argument telephonically, instead of in
`person. Counsel for Petitioner and Patent Owner participated in the
`conference call.
`Counsel for Patent Owner stated that the client’s financial constraints
`impede counsel’s ability to attend the hearing in person. Counsel for
`Petitioner indicated that it was planning to attend in person and use
`demonstratives. Upon discussing the need to minimize any unfair advantage
`resulting from appearing in person versus telephonically, Patent Owner’s
`counsel indicated that Patent Owner would waive any right to attend in
`person, and would not object to the oral argument proceeding with only
`Petitioner’s counsel appearing in person.
`The parties were ordered to file notices in accordance with the
`discussion had during the conference call: (1) Patent Owner to file a notice
`confirming its waiver of in-person attendance; and (2) Petitioner to state
`whether it would proceed telephonically or in person. Consequently, Patent
`Owner filed a Notice stating that it “waives its presence at the oral hearing
`. . . and plans to attend telephonically.” Paper 19, 1. Patent Owner also
`states that it has “no objection to Petitioner’s counsel appearing in person.”
`Id. Petitioner’s Notice states that Petitioner’s counsel “will attend oral
`argument in-person at the scheduled time and place.” Paper 20, 1.
`Upon consideration of Patent Owner’s financial status, its waiver of
`any right to attend in person, and the assertion that it does not object to
`Petitioner’s attendance in person, we determine that there is good cause to
`maintain the oral hearing as scheduled with a special accommodation to
`Patent Owner’s counsel for telephonic attendance.
`
`
`
`2
`
`
`
`IPR2014-00703
`Patent 6,786,625 B2
`
`
`It is hereby,
`ORDERED that Patent Owner’s Lead Counsel or Backup Counsel
`shall contact the Board at 571-272-9797 to obtain the audio bridge
`information for the oral argument scheduled on June 18, 2015;
`FURTHER ORDERED that no other counsel or party is authorized to
`use the audio bridge to attend the oral argument; and
`FURTHER ORDERED that, except as noted above, the Order setting
`the oral argument entered on May 22, 2015, remains in effect.
`
`
`
`
`3
`
`
`
`IPR2014-00703
`Patent 6,786,625 B2
`
`
`
`PETITIONER:
`
`Eric R. Moran
`John M. Schafer
`Paul H. Berghoff
`MCDONNELL BOEHNEN HULBERT & BERGHOFF LLP
`moran@mbhb.com
`Schafer@mbhb.com
`berghoff@mbhb.com
`
`
`PATENT OWNER:
`
`Seth Nehrbass
`Mackenzie Rodriguez
`GARVEY, SMITH, NEHRBASS & NORTH, L.L.C.
`SethNehrbass@gsnn.us
`mrodriguez@gsnn.us
`
`Kenneth L. Tolar
`tolar@cavtel.net
`
`
`
`
`
`
`
`4
`
`