`571-272-7822
`
`
`
` Paper No. 30
`Date Entered: August 5, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ERICSSON INC. and
`TELEFONAKTIEBOLAGET LM ERICSSON,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00919
`Patent 7,848,353 B2
`____________
`
`Before JOSIAH C. COCKS, WILLIAM A. CAPP, and
`DAVID C. MCKONE, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2014-00919
`Patent 7,848,353 B2
`
`
`As set forth in the Scheduling Order (Paper 9), oral argument, if
`
`requested, is scheduled for August 25, 2015 in connection with this
`proceeding. Both parties have requested oral argument. Papers 25, 28. The
`requests are granted. IPR2014-00915 is related to this proceeding, and
`involves the same parties. Oral argument also has been requested in
`IPR2014-00915. Oral argument for the two proceedings hereby is
`consolidated into a single session.
`
`Oral argument will commence at 10:00 AM ET on August 25, 2015.
`The hearing will be conducted on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia 22314. The hearing will be open to
`the public for in-person attendance, which 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 sixty (60) minutes of total argument time for the
`consolidated hearing in connection with the IPR2014-00915 and IPR2014-
`00919 proceedings. Petitioner bears the ultimate burden of proof that the
`claims at issue in this review are unpatentable. Therefore, at oral hearing
`Petitioner will proceed first to present its case with regard to the challenged
`claims on which basis we instituted trial. Petitioner may reserve rebuttal
`time. Thereafter, Patent Owner will argue its opposition to Petitioner’s case.
`Petitioner may use any time Petitioner reserved to rebut Patent Owner’s
`opposition.
`
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made 5 days in advance of the hearing date. The
`
`
`
`IPR2014-00915
`Patent 8,396,079 B2
`
`
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing. 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.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. The parties are further directed to
`file demonstrative exhibits two business days prior to the hearing, and
`request a conference call with the Board no later than two business days
`prior to the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. The parties are responsible for requesting such a
`conference sufficiently in advance of the hearing to accommodate this
`requirement. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived. The parties may refer to CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23,
`2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc. v. The Board
`of Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Lead or backup counsel, however, may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should request a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`2
`
`
`
`
`IPR2014-00915
`Patent 8,396,079 B2
`
`
`
`It is
`
`ORDERED that oral argument will commence at 10:00 AM ET on
`
`August 25, 2015.
`
`
`
`
`
`3
`
`
`
`
`IPR2014-00915
`Patent 8,396,079 B2
`
`
`
`For PETITIONER:
`
`Andrew Lowes
`David M. O’Dell
`John Russell Emerson
`Clint Wilkins
`HAYNES AND BOONE, LLP
`andrew.lowes.ipr@haynesboone.com
`david.odell.ipr@haynesboone.com
`russell.emerson.ipr@haynesboone.com
`clint.wilkins.ipr@haynesboone.com
`
`For PATENT OWNER:
`
`Herbert D. Hart III
`Andrew B. Karp
`Steven J. Hampton
`Philip H. Sheridan
`McAndrews, Held & Malloy, Ltd.
`hhart@mcandrews-ip.com
`akarp@mcandrews-ip.com
`shampton@mcandrews-ip.com
`psheridan@mcandrews-ip.com
`
`James R. Hietala
`Tim R. Seeley
`INTELLECTUAL VENTURES
`dcoulman@intven.com
`tim@intven.com
`
`4
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