`Date: August 29, 2016
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ORSTAR INDUSTRIAL CO., LTD.,
`Petitioner,
`
`v.
`
`COSMO LIGHTING INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01787
`Patent 7,926,978 B2
`____________
`
`Before JAMESON LEE, JAMES T. MOORE, and
`JENNIFER S. BISK, Administrative Patent Judges.
`
`BISK, Administrative Patent Judge.
`
`
`
`Trial Hearing Order
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`IPR2015-01787
`Patent 7,926,978 B2
`
`
`
`
`Both parties requested a hearing pursuant to 37 C.F.R. § 42.70(a).
`Papers 24, 25. Petitioner requested no more than one hour per side. Paper
`25. Patent Owner simply requested oral argument, but did not indicate any
`particular time to present its case. Paper 24. The parties’ requests are
`granted.
`Each party will have thirty (30) minutes of total time to present its
`argument. Petitioner bears the ultimate burden of proof that Patent Owner’s
`original patent claims at issue are unpatentable. Therefore, at oral hearing,
`Petitioner will proceed first to present its case with respect to the challenged
`claims and grounds with respect to which the Board instituted trial in both
`proceedings. Petitioner may reserve some of its argument time for rebuttal.
`Thereafter, Patent Owner will respond to Petitioner’s presentation, having
`available to it the entirety of its allotted argument time. Finally, Petitioner
`may make use of the time it has reserved to rebut Patent Owner’s opposing
`presentation with regard to the original patent claims.
`The hearing will commence at 10:00 AM Eastern Time on October
`3, 2016, and will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`In-person attendance 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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served 7
`business days prior to the hearing. They shall be filed at the Board prior to
`the hearing, and the parties must initiate a conference call with the Board by
`2 business days prior to the hearing to resolve any dispute over the propriety
`
`2
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`
`IPR2015-01787
`Patent 7,926,978 B2
`
`
`of each party’s demonstrative exhibits. Any dispute over the propriety of
`demonstrative exhibits that is not timely presented two business days prior to
`the hearing will be considered waived. The parties are directed to CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper
`118 (October 23, 2013), regarding the appropriate content of demonstrative
`exhibits.
`
`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 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 Board expects lead counsel for each party to be present at
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`Board should be notified via a joint telephone conference call no later than 2
`days prior to the hearing to discuss the matter.
`ORDER
`
`It is
`ORDERED that the parties shall take note of the above information
`about oral hearing to be held on October 3, 2016.
`
`
`
`
`3
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`IPR2015-01787
`Patent 7,926,978 B2
`
`FOR PETITIONER:
`
`
`
`
`
`Steven H. Washam
`Robert D. Katz
`WASHAM PLLC
`steven.washam@washam.com
`robert.katz@washam.com
`
`
`
`FOR PATENT OWNER:
`
`Mainek H. Mehta
`PROCOPIO, CORY, HARGREAVES & SAVITCH LLP
`miku.mehta@procopio.com
`
`
`
`4
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