`Entered: April 28, 2017
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ELECTRONIC ARTS INC.,
`Petitioner,
`
`v.
`
`WHITE KNUCKLE GAMING, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00634
`Patent 8,540,575 B2
`____________
`
`
`
`Before MICHAEL W. KIM, CARL M. DEFRANCO, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`TRIAL HEARING ORDER
`37 C.F.R. § 42.70
`
`
`
`
`
`Petitioner, Electronic Arts Inc. (“EA”), requests an oral hearing
`pursuant to 37 C.F.R. § 42.70. Paper 23. Patent Owner, White Knuckle
`Gaming, LLC, did not file a request. EA’s request is granted.
`
`The hearing will commence at 2:00 PM EST, May 17, 2017, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`
`
`IPR2016-00634
`Patent 8,540,575 B2
`
`Virginia. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis. If the parties
`have any concern about disclosing confidential information, they are to
`contact the Board at least three (3) business days before the hearing to
`discuss the matter. The Board will provide a court reporter for the hearing,
`and the reporter’s transcript will constitute the official record of the hearing.
`Each party shall provide a hard copy of its demonstratives to the court
`reporter at the hearing.
`
`Each party will have a total of forty-five (45) minutes to present its
`case. EA, as petitioner, bears the ultimate burden of proof that the claims at
`issue are unpatentable. Consequently, EA will proceed first to present its
`case on the grounds of unpatentability on which we instituted trial. White
`Knuckle will then follow and have the entirety of its allotted time to respond
`to EA’s case. EA may then use any time it reserves to rebut White
`Knuckle’s response.
`
`At least five (5) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibits it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). The parties also shall provide the
`demonstrative exhibits to the Board at least two (2) business days prior to
`the hearing by emailing them to Trials@uspto.gov. The parties shall not file
`any demonstrative exhibits in this case without prior authorization from the
`Board.
`The parties should attempt to work out any objections to
`demonstratives prior to involving the Board. The parties must initiate a
`conference call with the Board at least two (2) business days before the
`
`2
`
`
`
`IPR2016-00634
`Patent 8,540,575 B2
`
`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 parties are advised to
`confine demonstrative exhibit objections to those identifying egregious
`violations that are prejudicial to the administration of justice.
`The parties are reminded that counsel 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
`transcript. The parties also should note that at least one member of the panel
`may 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
`all judges at the hearing, that demonstrative will not be considered.
`
`The parties also are reminded that, at the hearing, they may only rely
`upon evidence that has been previously submitted in the proceeding and may
`only present arguments that have been previously made in the submitted
`papers. No new evidence or arguments may be presented at the oral hearing.
`
`We expect lead counsel for each party to be present in person at the
`hearing. Any counsel of record, however, may present the party’s
`argument. If either party expects that its lead counsel will not attend the
`hearing, the parties should initiate a joint telephone conference with us no
`later than three (3) business days prior to the hearing to discuss the matter.
`
`Requests for audio-visual equipment are to be made five (5) business
`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.
`
`3
`
`
`
`4
`
`
`
`IPR2016-00634
`Patent 8,540,575 B2
`
`
`FOR PETITIONER:
`Marc S. Kaufman
`Gerard M. Donovan
`John P. Bovich
`REED SMITH LLP
`
`mskaufman@reedsmith.com
`gdonovan@reedsmith.com
`jbovich@reedsmith.com
`
`
`
`
`
`
`
`FOR PATENT OWNER:
`Andrew S. Hansen
`HANSEN IP, LLC
`
`andrew@hansenip.org
`David A. Jones
`WHITE KNUCKLE IP, LLC
`
`david@whiteknucklegaming.com
`
`
`
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