`
`
`
`Trials@uspto.gov
`Tel: 571.272.7822
`
`
`Paper 18
`Entered: October 10, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC., and
`LG ELECTRONICS, INC.
`Petitioner,
`v.
`PAPST LICENSING GMBH & CO. KG,
`Patent Owner.
`____________
`
`Cases IPR2016-01733
`Patent 9,189,437 B2
`____________
`
`Before JONI Y. CHANG, JENNIFER S. BISK, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`BISK, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`Case IPR2016-01733
`Patent 9,189,437 B2
`
`We instituted inter partes review in this proceeding on February 8,
`
`2017 (Paper 7) and set the oral hearing date to November 1, 2017 (Paper
`16). Pursuant to 37 C.F.R. § 42.70, Patent Owner requested an oral hearing
`and consented to telephonic argument because overlapping issues were
`addressed in an oral hearings that took place on September 13 and 14 in
`several related cases. Paper 16. Petitioner did not file a paper requesting
`oral hearing. Patent Owner’s request is granted.
`A telephonic oral hearing will commence at 10:00 AM ET, on
`November 1, 2017. The Board will forward the dial-in information prior to
`the oral hearing via electronic mail. The Board also will provide a court
`reporter for the hearing and the reporter’s transcript will constitute the
`official record of the hearing. As proposed by Patent Owner, each party will
`have twenty minutes of total time to present arguments.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue are unpatentable. Therefore, at oral hearing Petitioner will
`proceed first to present its case with respect to the challenged claims and
`grounds, on which the Board instituted the inter partes review. Thereafter,
`Patent Owner will respond to Petitioner’s case. After that, Petitioner may
`make use of any remainder of its time to address Patent Owner’s responsive
`presentation.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days prior to the hearing. The parties shall confer with
`each other regarding any objections to demonstrative exhibits, and filed
`demonstrative exhibits with the Board, as a separate exhibit in accordance
`with 37 C.F.R. § 42.63, at least five business days prior to the hearing.
`Demonstrative exhibits are not evidence, but merely a visual aid at the oral
`
`2
`
`
`
`Case IPR2016-01733
`Patent 9,189,437 B2
`
`hearing. For any issue that cannot be resolved after conferring with the
`opposing party, the parties may file jointly a one-page list of objections at
`least five business days prior to the hearing. The list should identify with
`particularity which demonstrative exhibits are subject to objection and
`include a short statement (no more than one sentence) of the reason for each
`objection. No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call if
`necessary. Otherwise, we will reserve ruling on the objections until the
`hearing or after the hearing. Any objection to demonstrative exhibits that is
`not presented timely will be considered waived. Each party also shall
`provide a hard copy of its demonstrative exhibits to the court reporter at the
`hearing.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during each hearing to ensure the clarity and accuracy of the
`reporter’s transcript.
`The Board expects lead counsel for each party to be present at oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If lead counsel for either party is unable to attend the oral
`argument, the Board should be notified via a joint telephone conference call
`no later than five business days prior to the oral hearing to discuss the
`matter.
`
`
`
`
`
`3
`
`
`
`Case IPR2016-01733
`Patent 9,189,437 B2
`
`
`
`For PETITIONER:
`Brian C. Rupp
`Carrie A. Beyer
`Nikola Colic
`DRINKER BIDDLE & REATH LLP
`Brian.Rupp@dbr.com
`Carrie.Beyer@dbr.com
`Nick.Colic@dbr.com
`
`For PATENT OWNER:
`Nicholas T. Peters
`Paul Henkelmann
`Joseph Marinelli
`FITCH, EVEN, TABIN & FLANNERY LLP
`ntpete@fitcheven.com
`phenkelmann@fitcheven.com
`jmarinelli@fitcheven.com
`
`
`
`
`
`4
`
`
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