Trials@uspto.gov
`571-272-7822
`
`Paper 25
`Entered: November 8, 2016
`
`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 IPR2015-01872
`Patent 7,385,994 B2
`_______________
`
`
`
`Before BRYAN F. MOORE, BRIAN J. MCNAMARA,
`and DAVID C. MCKONE, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`571-272-7822
`
`Paper 25
`Entered: November 8, 2016
`
`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 IPR2015-01872
`Patent 7,385,994 B2
`_______________
`
`
`
`Before BRYAN F. MOORE, BRIAN J. MCNAMARA,
`and DAVID C. MCKONE, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-01872
`Patent 7,385,994 B2
`
`The Scheduling Order set December 8, 2016, as the date for oral
`argument, if requested by the parties and granted by the Board. Paper 11.
`Both Petitioner and Patent Owner have requested oral argument. Papers 23,
`24. Neither party requests a specific allocation of time.
`The parties’ requests for oral argument are granted. An oral argument
`will commence at 1:00 pm Eastern Time on December 8, 2016, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`The hearing will be open to the public for in-person attendance. Each party
`is allotted forty-five (45) minutes total to present its case. Petitioner will
`open the hearing by presenting its arguments regarding the challenged
`claims for which the Board instituted trial. Petitioner may reserve time for
`rebuttal arguments. Patent Owner will then respond to Petitioner’s
`arguments. Petitioner may then present rebuttal arguments. Patent Owner
`may not respond to Petitioner’s rebuttal arguments. No other arguments or
`motions may be presented,
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public via in-person attendance on a first-come,
`first-served basis.
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to work
`out any objections to demonstratives prior to involving the Board. At least
`two (2) business days prior to the hearing, the parties shall file the
`demonstrative exhibits with the Board. See id. The parties are directed to
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`
`2
`
`
`
`IPR2015-01872
`Patent 7,385,994 B2
`
`University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014)
`(Paper 65), for guidance regarding the appropriate content of demonstrative
`exhibits. The parties must initiate a conference call with the Board at least
`two business days before the hearing to present any objection regarding the
`propriety of any demonstrative exhibit. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. The Board
`asks the parties to confine demonstrative exhibit objections to those
`identifying egregious violations that are prejudicial to the administration of
`justice.
`The parties are reminded that each 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, that
`demonstrative will not be considered. The parties also should note that a
`panel member appearing remotely will not be able to hear the parties unless
`they speak into the microphone at the podium. 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.
`The Board expects lead counsel for each party to be present in person
`at the hearing. If a party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`
`3
`
`
`
`IPR2015-01872
`Patent 7,385,994 B2
`
`hearing to discuss the matter. Any counsel of record, however, may present
`the party’s argument.
`The parties are reminded to direct their requests for audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`email address not less than five days before the hearing. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`I.
`
`ORDER
`
`It is
`ORDERED that oral argument for this proceeding shall take place
`beginning at 1:00 pm Eastern Time on December 8, 2016, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria.
`
`
`
`
`
`4
`
`
`
`IPR2015-01872
`Patent 7,385,994 B2
`
`PETITIONER:
`
`J. Robert Brown, Jr.
`Charles Rogers
`CONLEY ROSE, P. C.
`rbrown@dfw.conleyrose.com
`crogers@conleyrose.com
`
`
`
`
`
`PATENT OWNER:
`
`Lori Gordon
`Byron Pickard
`Steven Peters
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`lgordon-PTAB@skgf.com
`bpickard-PTAB@skgf.com
`speters@skgf.com
`
`James Hietala
`Tim Seeley
`INTELLECTUAL VENTURES
`jhietala@intven.com
`tim@intven.com
`
`5
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