`571-272-7822
`
`
`
`
`Paper 51
`
`Entered: August 30, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PRIME FOCUS CREATIVE SERVICES CANADA INC.,
`Petitioner,
`
`v.
`
`LEGEND3D, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-01243
`Patent 7,907,793 B1
`____________
`
`
`
`Before LYNNE E. PETTIGREW, CARL M. DEFRANCO, and
`KAMRAN JIVANI, Administrative Patent Judges.
`
`JIVANI, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.10
`
`
`
`IPR2016-01243
`Patent 7,907,793 B1
`
`
`The Scheduling Order in this proceeding sets the date for oral hearing
`to September 14, 2017, if a hearing was requested by the parties and granted
`by the Board. Paper 15. Each party requested oral hearing pursuant to 37
`C.F.R. § 42.70. Papers 49, 50. The parties’ requests are granted. The
`parties are further reminded that, consistent with our July 19, 2017 Order,
`“we will permit the parties to address at oral argument the issues of priority
`and claim construction—including potentially inconsistent statements made
`regarding assertions of priority. . . . The parties, however, shall not address
`the doctrine of inequitable conduct.” Paper 47, 1.
`The hearing will commence at 9:30 AM, on September 14, 2017, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. There
`are no motions to seal in the present proceeding. Accordingly, the Board
`exercises its discretion to make the final hearing publically available via in-
`person attendance. The hearing will be open to the public for in-person
`attendance that will be accommodated on a first-come, first-served basis.
`Each party will have a total of sixty (60) minutes to present any
`arguments relating to this case. Petitioner bears the ultimate burden of proof
`that the claims under review in this case are unpatentable. Therefore,
`Petitioner will proceed first, and Patent Owner will follow. Each party will
`present its opening argument and may reserve time for rebuttal. Petitioner’s
`opening argument need not address Patent Owner’s Motion to Amend
`(Paper 41). Rather, Patent Owner’s opening argument should address its
`Motion to Amend, and Petitioner may respond thereto during Petitioner’s
`
`2
`
`
`
`IPR2016-01243
`Patent 7,907,793 B1
`
`rebuttal. Patent Owner’s rebuttal, if reserved, will be limited to only the
`Motion to Amend.
`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.
`The parties are reminded that the presenter must identify clearly and
`specifically any demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript and the ability of all judges to follow the presenter’s
`arguments.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least seven (7) business days prior to the hearing.
`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. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`of Michigan, Case IPR2013-00041, Paper 65, 2–5 (PTAB Jan. 27, 2014), for
`guidance regarding the appropriate content of demonstrative exhibits.
`Any requests regarding special equipment or needs, such as for
`audio/visual equipment, should be directed to Trials@uspto.gov. Requests
`for special equipment will not be honored unless presented in a separate
`communication directed to the identified email address not less than five (5)
`business days before the hearing.
`
`3
`
`
`
`IPR2016-01243
`Patent 7,907,793 B1
`
`
`FOR PETITIONER:
`Joshua Glucoft
`Michael Fleming
`Jonathan Kagan
`IRELL & MANELLA LLP
`JGlucoft@Irell.com
`MFleming@Irell.com
`JKagen@Irell.com
`PrimeFocusIPR@irell.com
`
`PATENT OWNER:
`Daniel N. Yannuzzi
`Trevor J. Quist
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`dyannuzzi@sheppardmullin.com
`tquist@sheppardmullin.com
`Sheppard-Legend3DIPR@sheppardmullin.com
`
`
`4
`
`
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