`571-272-7822
`
`
`
`
`
`
`Paper 46
`Entered: August 10, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TV MANAGEMENT, INC., D/B/A GPS NORTH AMERICA,
`Petitioner,
`
`
`
`v.
`
`
`
`PERDIEMCO LLC,
`Patent Owner.
`
`Cases1
`IPR2016-01061 (Patent 8,223,012)
`IPR2016-01064 (Patent 9,003,499)
`IPR2016-01278 (Patent 9,071,931)
`__________________________
`
`
`
`
`
`
`
`
`Before WILLIAM V. SAINDON, CARL M. DEFRANCO, and
`AMBER L. HAGY, Administrative Patent Judges.
`
`HAGY, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`1 This Order addresses issues that are substantially similar in the cases. We
`exercise our discretion to issue one order to be filed in each case.
`
`
`
`IPR2016-01061 (Patent 8,223,012)
`IPR2016-01064 (Patent 9,003,499)
`IPR2016-01278 (Patent 9,071,931)
`
`The parties have each requested an oral hearing in three related
`
`proceedings pursuant to 37 C.F.R. § 42.70. IPR2016-01061, Paper 44, 45;
`IPR2016-01064, Paper 43, 44; and IPR2016-01278, Paper 44, 45. The
`requests for an oral hearing are granted. An oral hearing covering all three
`proceedings will commence at 9:30 AM Eastern Time on September 12,
`2017, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia.
`Each side will have a total of seventy-five minutes to present
`arguments. Petitioner bears the ultimate burden of proof that the claims at
`issue in these reviews are unpatentable. Petitioner will, therefore, begin by
`presenting its case regarding the challenged claims and grounds for which
`the Board instituted trial in the proceedings. Patent Owner will then respond
`to Petitioner’s arguments. Petitioner may reserve time to reply to arguments
`presented by Patent Owner.
`The hearing will be open to the public for in-person attendance that
`will be accommodated on a first-come, first-served basis. The Board will
`provide a court reporter, and the transcript shall constitute the official record
`of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days before the hearing. The panel also requests that
`demonstrative exhibits be filed with the Board at least three business days
`before the hearing. The parties are directed to St. Jude Medical, Cardiology
`Division, Inc. v. The Board of Regents of the University of Michigan, Case
`IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate
`content of demonstrative exhibits. The Board expects that the parties will
`
`2
`
`
`
`
`IPR2016-01061 (Patent 8,223,012)
`IPR2016-01064 (Patent 9,003,499)
`IPR2016-01278 (Patent 9,071,931)
`
`meet and confer in good faith to resolve any objections to demonstrative
`exhibits, but if such objections cannot be resolved the parties must file any
`objections to demonstratives with the Board at least three business days
`before the hearing. The objections should identify with particularity which
`portions of the demonstrative exhibits are subject to objection, include a
`copy of the objected-to portions, and include a one-sentence statement of the
`reason for each objection. No argument or further explanation is permitted.
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived.
`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 five days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov, and any requests not sent
`specifically to that email address will not be considered. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`3
`
`
`
`
`IPR2016-01061 (Patent 8,223,012)
`IPR2016-01064 (Patent 9,003,499)
`IPR2016-01278 (Patent 9,071,931)
`
`PETITIONER:
`
`
`Vivek Ganti
`Steven G. Hill
`HILL, KERTSCHER & WHARTON, LLP
`vg@hkw-law.com
`
`
`PATENT OWNER:
`
`Alan Whitehurst
`Marissa R. Ducca
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`alanwhitehurst@quinnemanuel.com
`marissaducca@quinnemanuel.com
`PERDIEM-IPR@quinnemanuel.com
`
`Robert Babayi
`VECTOR IP LAW GROUP
`robert@vectoriplaw.com
`
`
`
`4
`
`
`
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