`571-272-7822
`
`
`
`
`Paper 32
`
`Entered: September 27, 2017
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01404
`Patent 6,968,459 B1
`____________
`
`
`
`Before THOMAS L. GIANNETTI, PATRICK M. BOUCHER, and
`KAMRAN JIVANI, Administrative Patent Judges.
`
`JIVANI, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.10
`
`
`
`IPR2016-01404
`Patent 6,968,459 B1
`
`
`The Scheduling Order in this proceeding sets the date for oral hearing
`
`as October 5, 2017, if a party requests and the Board grants a hearing.
`
`Paper 9. Each party requests oral hearing pursuant to 37 C.F.R. § 42.70.
`
`Papers 25, 26. The parties’ requests are granted.
`
`The hearing will commence at 10:00 AM on October 5, 2017 on the
`
`9th 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
`
`may then use any time Petitioner reserved for rebuttal.
`
`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.
`
`2
`
`
`
`IPR2016-01404
`Patent 6,968,459 B1
`
`
`The parties shall serve any demonstrative exhibits upon each other on
`
`or before Monday, October 2, 2017. 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
`
`
`
`IPR2016-01404
`Patent 6,968,459 B1
`
`FOR PETITIONER:
`
`Lionel M. Lavenue
`James D. Stein
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`Lionel. Lavenue@finnegan.com
`James.Stein@finnegan.com
`
`Roshan Suresh Mansinghani
`Jonathan Stroud
`UNIFIED PATENTS INC.
`jonathan@unifiedpatents.com
`roshan@unifiedpatents.com
`
`
`
`
`PATENT OWNER:
`
`Lori A. Gordon
`Byron Pickard
`Steven Peters
`STERNE, KESSLER GOLDSTEIN & FOX PLLC
`lgordon-ptab@skgf.com
`bpickard@skgf.com
`speters@skgf.com
`
`
`4
`
`
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