Paper No. 37
`April 11, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KAPSCH TRAFFICCOM IVHS INC. and
`KAPSCH TRAFFICCOM HOLDING CORP.,
`Petitioner,
`
`v.
`
`NEOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00814 (Patent 6,690,264 B2)
`Case IPR2015-00818 (Patent 8,237,568 B2)
`Case IPR2015-00819 (Patent 8,325,044 B2)1
`
`
`
`Before JUSTIN T. ARBES, GLENN J. PERRY, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`PERRY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding – Oral Argument
`37 C.F.R. § 42.5, 42.70
`
`The parties requested oral argument in each of these proceedings
`
`pursuant to 37 C.F.R. § 42.70. Papers 35, 36. The requests are granted.
`
`
`1 The Board exercises its discretion to issue this single Order applicable to
`three related cases that will be argued in the same session. The parties are
`required to file separately documents in the respective cases. For
`convenience, we refer to paper numbers filed in IPR2015-00814 only.
`
`
`
`
`
`
`April 11, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KAPSCH TRAFFICCOM IVHS INC. and
`KAPSCH TRAFFICCOM HOLDING CORP.,
`Petitioner,
`
`v.
`
`NEOLOGY, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00814 (Patent 6,690,264 B2)
`Case IPR2015-00818 (Patent 8,237,568 B2)
`Case IPR2015-00819 (Patent 8,325,044 B2)1
`
`
`
`Before JUSTIN T. ARBES, GLENN J. PERRY, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`PERRY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding – Oral Argument
`37 C.F.R. § 42.5, 42.70
`
`The parties requested oral argument in each of these proceedings
`
`pursuant to 37 C.F.R. § 42.70. Papers 35, 36. The requests are granted.
`
`
`1 The Board exercises its discretion to issue this single Order applicable to
`three related cases that will be argued in the same session. The parties are
`required to file separately documents in the respective cases. For
`convenience, we refer to paper numbers filed in IPR2015-00814 only.
`
`
`
`
`
`
`
`Case IPR2015-00814 (Patent 6,690,264 B2)
`Case IPR2015-00818 (Patent 8,237,568 B2)
`Case IPR2015-00819 (Patent 8,325,044 B2)
`
`
`Date and Time
`
`Oral argument for these proceedings will be conducted on
`
`May 10, 2016. Each party will have 60 minutes of argument time for
`
`IPR2015-00814, and 60 minutes of total argument time for IPR2015-00818
`
`and IPR2015-00819, which will be argued together. Petitioner bears the
`
`ultimate burden of proof that the claims at issue are unpatentable.
`
`Therefore, Petitioner will proceed first to present its case with regard to the
`
`challenged claims on which basis we instituted trial. Thereafter, Patent
`
`Owner will respond to Petitioner’s case. After that, Petitioner may make
`
`use of the rest of its time responding to Patent Owner. The hearing for
`
`IPR2015-00814 will begin at 9:00 AM Eastern Time, and the hearing for
`
`IPR2015-00818 and IPR2015-00819 will begin at 1:00 PM Eastern Time.
`
`Open to Public
`
`There is a strong public policy interest in making all information
`
`presented in these proceedings public, as these reviews determine the
`
`patentability of claims in issued patents and thus affect the rights of the
`
`public. This policy is reflected in part, for example, in 35 U.S.C. § 316(a)(1)
`
`and 35 U.S.C. § 326(a)(1), which provide that the file of any inter partes
`
`review or post grant review be made available to the public, except that any
`
`petition or document filed with the intent that it be sealed shall, if
`
`accompanied by a motion to seal, be treated as sealed pending the outcome
`
`of the ruling on the motion. Accordingly, we exercise our discretion to
`
`make the oral hearing publicly available via in-person attendance.
`
`Oral argument will commence at 9:00 AM Eastern Time, on
`
`May 10, 2016, on the ninth floor of Madison Building East, 600 Dulany
`
`Street, Alexandria, Virginia, and it will be open to the public for in-person
`
`
`
`2
`
`
`
`Case IPR2015-00814 (Patent 6,690,264 B2)
`Case IPR2015-00818 (Patent 8,237,568 B2)
`Case IPR2015-00819 (Patent 8,325,044 B2)
`
`attendance. In person attendance will be accommodated on a first come first
`
`serve basis.
`
`Reporter
`
`The Board will provide a court reporter for the hearing, and the
`
`reporter’s transcript will constitute the official record of the hearing.
`
`Demonstratives
`
`Demonstratives are aids in support of oral argument and are not
`
`evidence in the reviews. If demonstratives are to be used during oral
`
`argument, they must be served five business days before the hearing in
`
`accordance with 37 C.F.R. § 42.70(b). Copies should also be sent by email
`
`(not filed as record documents via PRPS) to the Board at least two business
`
`days before the hearing. Prints of the demonstratives should be provided to
`
`the panel and to the court reporter at oral argument. The parties are directed
`
`to CBS Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033,
`
`Paper 118 (Oct. 23, 2013), regarding the appropriate content of
`
`demonstratives. 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.
`
`Any issue regarding demonstrative exhibits should be resolved at least
`
`two business days prior to the hearing by way of a joint telephone
`
`conference call to the Board. 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 timely
`
`presented will be considered waived.
`
`
`
`3
`
`
`
`Case IPR2015-00814 (Patent 6,690,264 B2)
`Case IPR2015-00818 (Patent 8,237,568 B2)
`Case IPR2015-00819 (Patent 8,325,044 B2)
`
`
`Audio Visual Equipment
`
`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
`
`request is to be sent directly to Trials@uspto.gov. If the request is not
`
`received timely, the equipment may not be available on the day of the
`
`hearing.
`
`Panel Presence
`
`At present, all panel members are scheduled to attend argument in
`
`person. In the event that a member of the panel attends the hearing
`
`electronically from a remote location, and that if a demonstrative is not filed
`
`or otherwise made fully available or visible to the judge attending remotely,
`
`that demonstrative will not be considered. If the parties have questions as to
`
`whether demonstrative exhibits would be sufficiently visible and available to
`
`all of the judges, the parties are invited to contact the Board at 571-272-
`
`9797.
`
`Counsel Presence
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, lead or backup counsel may present the
`
`party’s argument. If either party anticipates that its lead counsel will not be
`
`attending the oral hearing, 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.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2015-00814 (Patent 6,690,264 B2)
`Case IPR2015-00818 (Patent 8,237,568 B2)
`Case IPR2015-00819 (Patent 8,325,044 B2)
`
`PETITIONER:
`
`Gregg F. LoCascio, Gregg.locasio@kirkland.com
`Nathan Mammen, Nathan.mammen@kirkland.com
`
`KIRKLAND & ELLIS LLP
`
`
`
`PATENT OWNER:
`
`Noel C. Gillespie, noel.gillespie@procopio.com
`Victor M. Felix, victor.felix@procopio.com
`
`PROCOPIO, CORY, HARGREAVES & SAVITCH LLP
`
`
`
`
`5
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