Trials@uspto.gov
`571-272-7822
`
`Paper 71
`Entered: Sept. 6, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CAPTIONCALL, L.L.C.,
`Petitioner,
`
`v.
`
`ULTRATEC, INC.,
`Patent Owner.
`____________
`
`Cases1
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366 B2)
`IPR2015-01358 (Patent 7,006,604 B2)
`IPR2015-01359 (Patent 6,493,426 B2)
`____________
`
`
`
`
`
`Before WILLIAM V. SAINDON, BARBARA A. BENOIT, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This order addresses issues that are the same in all four cases. We exercise
`our discretion to issue one order to be filed in each case.
`
`
`571-272-7822
`
`Paper 71
`Entered: Sept. 6, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CAPTIONCALL, L.L.C.,
`Petitioner,
`
`v.
`
`ULTRATEC, INC.,
`Patent Owner.
`____________
`
`Cases1
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366 B2)
`IPR2015-01358 (Patent 7,006,604 B2)
`IPR2015-01359 (Patent 6,493,426 B2)
`____________
`
`
`
`
`
`Before WILLIAM V. SAINDON, BARBARA A. BENOIT, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This order addresses issues that are the same in all four cases. We exercise
`our discretion to issue one order to be filed in each case.
`
`
`
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366 B2)
`IPR2015-01358 (Patent 7,006,604 B2)
`IPR2015-01359 (Patent 6,493,426 B2)
`
`Patent Owner, Ultratec, Inc., requests oral argument in each of these
`proceedings pursuant to 37 C.F.R. § 42.70. Paper 65.2 Petitioner,
`CaptionCall, L.L.C., states that it does not seek oral argument but requests
`that it be permitted to participate if oral argument is held. Paper 62. In the
`event oral argument occurs, Petitioner requests a consolidated hearing for
`IPR2015-01357, IPR2015-01358, and IPR2015-01359, and a separate
`hearing for IPR2015-01355. Id.
`We grant the request for oral argument in these cases. Hearings will
`commence at 10:00 AM Eastern Time on Wednesday, September 28,
`2016, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, VA. Three separate hearings will be held according to the
`following schedule:
`
`10:00 AM IPR2015-01355
`
` IPR2015-01358
`
`11:00 AM
`(approx.)
`
`12:00 PM
`(approx.)
`
`1:30 PM
`(approx.)
`
`For each hearing, each party will have thirty (30) minutes of argument
`time. Petitioner bears the ultimate burden of persuasion that the claims at
`
` IPR2015-01357 and IPR2015-01359 (consolidated)
`
`
`2 All citations are to papers in IPR2015-01355 unless otherwise indicated.
`
`2
`
`
`
` Break
`
`
`
`
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366 B2)
`IPR2015-01358 (Patent 7,006,604 B2)
`IPR2015-01359 (Patent 6,493,426 B2)
`
`issue are unpatentable. Therefore, Petitioner will open each hearing by
`presenting its case regarding the challenged claims for which the Board
`instituted trial. Patent Owner then will have the opportunity to respond to
`Petitioner’s arguments. Finally, Petitioner may use any time it has reserved
`for rebuttal to respond to arguments presented by Patent Owner.
`The Board will provide a court reporter. A transcript for each hearing
`will constitute the official record of the hearing; the transcript for the third
`hearing will be filed in both IPR2015-01357 and IPR2015-01359. Although
`Motions to Seal are pending, neither party has requested that the oral
`hearings be closed to the public or otherwise indicated a need to discuss any
`confidential information during the hearing. After reviewing the record, we
`conclude the parties are capable of presenting their arguments without
`discussing confidential information, and we exercise our discretion to make
`the hearings publicly accessible. The hearings will be open to the public for
`in-person attendance that will be accommodated on a first-come, first-served
`basis.
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must
`be served on opposing counsel at least seven (7) business days before the
`hearing. The parties are directed to St. Jude Medical, Cardiology Division,
`Inc. v. The Board of Regents of the University of Michigan, IPR2013-00041,
`Paper 65 (PTAB Jan. 27, 2014), regarding the appropriate content of
`demonstrative exhibits. A hard copy of the demonstratives should be
`provided to the court reporter at the hearing.
`Any demonstrative exhibits must be filed with the Board no later
`than 3:00 PM on Friday, September 23, 2016. The Board expects that the
`
`3
`
`
`
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366 B2)
`IPR2015-01358 (Patent 7,006,604 B2)
`IPR2015-01359 (Patent 6,493,426 B2)
`
`parties will meet and confer in good faith to resolve any objections to
`demonstrative exhibits, but if such objections cannot be resolved, the parties
`must file any objections to the demonstratives with the Board no later than
`3:00 PM on Monday, September 26, 2016. The objections should identify
`with particularity which portions of the demonstratives are subject to
`objection, and include a short (one sentence or less) statement of the reason
`for each objection. No argument or further explanation is permitted. The
`Board will consider the objections and schedule a conference if deemed
`necessary. Otherwise, the Board will reserve ruling on the objections. Any
`objection to the demonstrative exhibits that is not timely presented will be
`considered waived.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made no later than 3:00 PM on Friday, September 23,
`2016. The request is to be sent to Trials@uspto.gov. If the request is not
`timely received, the equipment may not be available on the day of the
`hearing.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may make the actual presentation.
`
`4
`
`
`
`IPR2015-01355 (Patent 5,974,116)
`IPR2015-01357 (Patent 6,934,366 B2)
`IPR2015-01358 (Patent 7,006,604 B2)
`IPR2015-01359 (Patent 6,493,426 B2)
`
`FOR PETITIONER:
`Ruben H. Munoz
`Daniel L. Moffett
`Michael P. Kahn
`AKIN GUMP STRAUSS HAUER & FELD LLP
`rmunoz@akingump.com
`dmoffett@akingump.com
`mkahn@akingump.com
`
`FOR PATENT OWNER:
`Michael Jaskolski
`Michael J. Curley
`Nikia L. Gray
`Stephen J. Gardner
`QUARLES & BRADY LLP
`michael.jaskolski@quarles.com
`michael.curley@quarles.com
`nikia.gray@quarles.com
`stephen.gardner@quarles.com
`
`
`5
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