Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper 43
`Entered: January 4, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`WILLIS ELECTRIC COMPANY, LIMITED,
`Petitioner,
`
`v.
`
`POLYGROUP MACAU LTD (BVI),
`Patent Owner.
`_______________
`
`IPR2017-00309 (Patent 8,863,416 B2)
`IPR2017-003311 (Patent 9,119,495 B2)
`IPR2017-003342 (Patent 8,959,810 B2)
`_______________
`
`
`
`Before WILLIAM V. SAINDON, JEREMY M. PLENZLER, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`
`PLENZLER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 IPR2017-00332 has been consolidated with this proceeding.
`2 IPR2017-00335 has been consolidated with this proceeding.
`
`
`Tel: 571-272-7822
`
`
`
`
`Paper 43
`Entered: January 4, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`WILLIS ELECTRIC COMPANY, LIMITED,
`Petitioner,
`
`v.
`
`POLYGROUP MACAU LTD (BVI),
`Patent Owner.
`_______________
`
`IPR2017-00309 (Patent 8,863,416 B2)
`IPR2017-003311 (Patent 9,119,495 B2)
`IPR2017-003342 (Patent 8,959,810 B2)
`_______________
`
`
`
`Before WILLIAM V. SAINDON, JEREMY M. PLENZLER, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`
`PLENZLER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 IPR2017-00332 has been consolidated with this proceeding.
`2 IPR2017-00335 has been consolidated with this proceeding.
`
`
`
`IPR2017-00309 (Patent 8,863,416 B2)
`IPR2017-00331 (Patent 9,119,495 B2)
`IPR2017-00334 (Patent 8,959,810 B2)
`
`
`The parties have requested an oral hearing pursuant to 37 C.F.R.
`§ 42.70. Paper 41 (Patent Owner’s Request); Paper 42 (Petitioner’s
`Request).3 The request for an oral hearing is granted. The oral hearing will
`commence following the hearing in IPR2016-01781 after a brief
`intermission. The hearing in IPR2016-01781 is scheduled to begin at 1:00
`PM Eastern Time on February 5, 2018, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia. That hearing will
`include a total of one hour of argument time (thirty minutes per side). A
`trial hearing order is issued concurrently in that proceeding.
`The oral hearing will be held jointly and simultaneously for each of
`the above-identified IPRs. The panel encourages the parties not to use the
`oral argument time to provide an overview of their case. Instead, the panel
`encourages each party, after some initial remarks, to focus on specific issues
`it would like to highlight or clarify, starting with those the party deems most
`important to discuss with the Board. It is the panel’s experience that long
`slide decks sequentially stepping through each issue in the case is not the
`most effective use of the hearing. The panel will make its decision based on
`the written briefs; oral hearing is the parties’ opportunity to clarify the
`panel’s understanding of the evidence and the parties’ positions in the briefs.
`Each side will have sixty minutes to present arguments. Petitioner
`bears the ultimate burden of proof that the claims at issue in this review are
`unpatentable. Petitioner will, therefore, begin by presenting its case
`regarding the challenged claims and grounds for which the Board instituted
`
`
`3 Citations are to papers in IPR2017-00309. IPR2017-00331 and IPR2017-
`00334 have similar papers.
`
`2
`
`
`
`IPR2017-00309 (Patent 8,863,416 B2)
`IPR2017-00331 (Patent 9,119,495 B2)
`IPR2017-00334 (Patent 8,959,810 B2)
`
`trial in the proceeding. Patent Owner will then respond to Petitioner’s
`arguments. Petitioner may reserve time to reply to arguments presented by
`Patent Owner. Patent Owner will not have a sur-reply to address any
`rebuttal from Petitioner.
`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 and be entered in each proceeding.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days before the hearing. The parties also shall provide a
`courtesy copy of any demonstrative exhibits to the Board by the end of day,
`January 30, 2018, by emailing them to Trials@uspto.gov. The parties shall
`not file any demonstrative exhibits in this proceeding without prior
`authorization from the Board. For guidance on what constitutes an
`appropriate demonstrative exhibit, the parties are directed to Paper 118 in
`CBS Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB
`October 23, 2013). No live testimony from any witness will be taken at the
`oral argument.
`One member of the panel from a PTO regional office will be attending
`the conference via remote video link. Physical exhibits and the projector
`screen will not be viewable to this judge. The parties should prepare
`accordingly; all requests to provide physical exhibits or examples are denied.
`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 no later than five days in advance of the hearing date. The request is to
`
`3
`
`
`
`IPR2017-00309 (Patent 8,863,416 B2)
`IPR2017-00331 (Patent 9,119,495 B2)
`IPR2017-00334 (Patent 8,959,810 B2)
`
`be sent to Trials@uspto.gov, and any requests not sent separately and
`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.
`
`
`
`PETITIONER:
`
`Larina A. Alton
`LAlton@FoxRothschild.com
`
`Lukas D. Toft
`LToft@FoxRothschild.com
`
`Doug Christensen
`christensen@cfpatlaw.com
`
`PATENT OWNER:
`Christopher J. Forstner
`chris.forstner@troutmansanders.com
`
`Alexis N. Simpson
`alexis.simpson@troutmansanders.com
`
`Jason D. Eisenberg
`jasone-ptab@skgf.com
`
`
`
`
`4
`
`
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