`571-272-7822
`
`Paper 48
`Date: August 3, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WANGS ALLIANCE CORPORATION D/B/A WAC LIGHTING CO.,
`Petitioner,
`
`v.
`
`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
`
`____________
`
`Case IPR2015-01287 (Patent 6,013,988)
`Case IPR2015-01290 (Patent 6,250,774 B1)
`Case IPR2015-01291 (Patent 6,561,690 B2)
`Case IPR2015-01292 (Patent 6,586,890 B2)
`Case IPR2015-01293 (Patent 7,352,138 B2)
`Case IPR2015-01294 (Patent 7,038,399 B2)
`
`____________
`
`
`Before GLENN J. PERRY, TREVOR M. JEFFERSON, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`SETTING ORAL ARGUMENT
`37 C.F.R. § 42.70, § 42.5
`
`
`
`
`IPR2015-01287 (Patent 6,013,988)
`IPR2015-01290 (Patent 6,250,774 B1)
`IPR2015-01291 (Patent 6,561,690 B2)
`IPR2015-01292 (Patent 6,586,890 B2)
`IPR2015-01293 (Patent 7,352,138 B2)
`IPR2015-01294 (Patent 7,038,399 B2)
`
`
`
`
`
`
`
`The parties have requested an oral hearing in each of these proceedings
`pursuant to 37 C.F.R. § 42.70. See Papers 40, 41.1 We grant the parties’ requests.
`These proceedings will be heard on August 23, 2016. Specifically, the
`hearing will commence at 10 AM Eastern Time, on the aforementioned date, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia,
`and it will be open to the public for in-person attendance. In-person attendance
`will be accommodated on a first-come-first-serve basis.
`Each party will have equal argument time according to the following
`schedule:
`a) For IPR2015-01287 each party will be allotted 40 minutes;
`b) For IPR2015-01290 each party will be allotted 30 minutes, after which
`there will be a lunch break;
`c) For IPR2015-01291 each party will be allotted 20 minutes;
`d) For IPR2015-01292 each party will be allotted 25 minutes; and
`e) For IPR2015-01293 and 1294 each party will be allotted a combined total
`of 40 minutes.
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`review are unpatentable. Therefore, for each of the captioned proceedings
`Petitioner will proceed first to present its case with regard to the challenged claims
`on which we instituted trial. Thereafter, Patent Owner will respond to Petitioner’s
`
`
`1 Reference is made hereinafter to the filings in IPR2015-01287, as the filings are
`substantively identical in the captioned proceedings.
`2
`
`
`
`
`
`
`IPR2015-01287 (Patent 6,013,988)
`IPR2015-01290 (Patent 6,250,774 B1)
`IPR2015-01291 (Patent 6,561,690 B2)
`IPR2015-01292 (Patent 6,586,890 B2)
`IPR2015-01293 (Patent 7,352,138 B2)
`IPR2015-01294 (Patent 7,038,399 B2)
`
`
`
`
`case. After that, Petitioner may use any remaining time responding to Patent
`Owner. Patent Owner may reserve rebuttal time only for IPR2015-01287. No
`other rebuttal time will be allotted to Patent Owner.
`There is a strong public policy interest in making all information presented
`in these proceedings public, as the review determines the patentability of claims in
`an issued patent and thus affects 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 publically available via in-person attendance.
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing. Under 37 C.F.R.
`§ 42.70(b), demonstrative exhibits must be served at least seven business days
`before the hearing and filed two business days before the hearing. The parties are
`directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC, Case
`IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118), regarding the appropriate
`content of demonstrative exhibits.
`Any issue regarding demonstrative exhibits should be resolved at least five
`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
`
`3
`
`
`
`
`
`
`IPR2015-01287 (Patent 6,013,988)
`IPR2015-01290 (Patent 6,250,774 B1)
`IPR2015-01291 (Patent 6,561,690 B2)
`IPR2015-01292 (Patent 6,586,890 B2)
`IPR2015-01293 (Patent 7,352,138 B2)
`IPR2015-01294 (Patent 7,038,399 B2)
`
`
`
`
`objection to demonstrative exhibits that is not timely presented will be considered
`waived. A hard copy of the demonstratives should be provided to the court
`reporter at the hearing. Further, the parties are reminded that demonstratives are
`not evidence and do not constitute substantive papers. Accordingly, the panel may
`resolve pending objections to the demonstratives by expunging the filed
`demonstratives and ruling on the pending objections during oral argument or
`thereafter.
`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. 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.
`The parties also should note that at least one member of the panel will be
`attending 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
`presiding over the hearing 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. Documents presented on the Elmo projector
`may not be visible to remote judges, so please plan accordingly.
`
`4
`
`
`
`
`IPR2015-01287 (Patent 6,013,988)
`IPR2015-01290 (Patent 6,250,774 B1)
`IPR2015-01291 (Patent 6,561,690 B2)
`IPR2015-01292 (Patent 6,586,890 B2)
`IPR2015-01293 (Patent 7,352,138 B2)
`IPR2015-01294 (Patent 7,038,399 B2)
`
`
`
`
`
`The Board expects lead counsel for each party (including each of the joined
`Petitioners) to be present in person at the oral hearing. However, lead or backup
`counsel of the presenting party may put forward 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.
`
`
`
`
`
`
`
`
`5
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`
`
`
`
`
`
`IPR2015-01287 (Patent 6,013,988)
`IPR2015-01290 (Patent 6,250,774 B1)
`IPR2015-01291 (Patent 6,561,690 B2)
`IPR2015-01292 (Patent 6,586,890 B2)
`IPR2015-01293 (Patent 7,352,138 B2)
`IPR2015-01294 (Patent 7,038,399 B2)
`
`
`PETITIONER:
`David C. Radulescu
`Angela Chao
`RADULESCU LLP
`david@radulescullp.com
`angela@radulescullp.com
`
`
`
`PATENT OWNER:
`Denise W. DeFranco
`C. Brandon Rash
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`denise.defranco@finnegan.com
`brandon.rash@finnegan.com
`
`6