`571-272-7822
`
`
`Paper 34
`Entered: July 24, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG
`ELECTRONICS CO. LTD.1, and
`APPLE INC. and LG ELECTRONICS, INC.2,
`Petitioner,
`
`v.
`
`FASTVDO LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01179
`Case IPR2016-01203
`Patent 5,850,482
`____________
`
`
`Before KARL D. EASTHOM, JEFFREY S. SMITH, and PATRICK M.
`BOUCHER, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`
`1 Petitioner for IPR2016-01179
`2 Petitioner for IPR2016-01203
`
`
`
`IPR2016-01179
`IPR2016-01203
`Patent 5,850,482
`
`The parties for these inter partes reviews have filed requests for oral
`
`argument. See, e.g., IPR2016-01179, Papers 26, 27; IPR2016-01203, Papers
`31, 32. Oral argument is granted in each proceeding. The date for oral
`argument is Thursday, August 24, 2017. There will be back-to-back
`hearings for these inter partes reviews. The first hearing will be for
`IPR2016-01179 and will commence at 10:00 AM Eastern Time. The second
`hearing will be for IPR2016-01203 and will commence immediately after
`the first hearing concludes.
`
`The hearings will be open to the public for in-person attendance, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. Space in the hearing room is limited, and any attendees beyond
`three per party (including any attorneys who may be appearing) will be
`accommodated on a first-come, first-served basis. One or more judges of
`the panel may attend remotely.
`
`For each proceeding, each party will have thirty (30) minutes of total
`time to present arguments. In each proceeding, Petitioner will proceed first,
`Patent Owner thereafter will respond, and Petitioner may rebut if it has time
`remaining.
`
`The Board will provide a court reporter for the hearings, and the
`reporter’s transcript will constitute the official record of the hearings.
`
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party (and not file) any demonstrative it intends to use
`during the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to
`resolve any objections to demonstratives prior to involving the Board. If any
`objections remain, a party may raise them during the hearing as part of its
`
`2
`
`
`
`IPR2016-01179
`IPR2016-01203
`Patent 5,850,482
`
`allotted argument time. At least one (1) business day prior to the hearing,
`the parties shall provide the demonstratives to the Board by emailing them in
`portable document format (.pdf) to Trials@uspto.gov. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, No. IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) for guidance regarding appropriate content of
`demonstratives.
`
`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 the hearing,
`the Board should be notified via a joint telephone conference call no later
`than two days prior to the hearing to discuss the matter.
`
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2016-01179
`IPR2016-01203
`Patent 5,850,482
`
`PETITIONER:
`Derrick W. Toddy
`John D. Vandenberg
`Garth A. Winn
`KLARQUIST SPARKMAN, LLP
`derrick.toddy@klarquist.com
`john.vandenberg@klarquist.com
`garth.winn@klarquist.com
`
`David L. Fehrman
`Martin M. Noonen
`MORRISON & FOERSTER LLP
`dfehrman@mofo.com
`mnoonen@mofo.com
`
`PATENT OWNER:
`Neil A. Rubin
`Amir Naini
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`anaini@raklaw.com
`
`Wayne M. Helge
`Walter D. Davis
`DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
`whelge@dbjg.com
`wdavis@dbjg.com
`
`4
`
`
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