`571.272.7822
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`Paper 28
`Entered: January 31, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NVIDIA CORPORATION,
`Petitioner,
`v.
`POLARIS INNOVATIONS LIMITED,
`Patent Owner.
`
`
`
`
`Case IPR2017-00381
`Patent 7,886,122 B2
`
`
`
`
`
`
`
`
`
`
`Before SALLY C. MEDLEY, BARBARA A. PARVIS, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`We instituted inter partes review (Paper 9) in the instant proceeding
`and issued a Scheduling Order (Paper 10), which sets the date for oral
`hearing to March 8, 2018, if oral hearing is requested by either party and
`granted by the Board. The parties requested an oral hearing pursuant to
`37 C.F.R. § 42.70. See, e.g., Paper 24; Paper 26. Upon consideration by the
`panel, the parties’ requests are granted.
`
`
`
`IPR2017-00381
`Patent 7,886,122 B2
`
`
`The hearing will commence at 10:00 AM Eastern Time, on March 8,
`2018, and will be conducted at the UPSTO Headquarters, Ninth Floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, 22314.
`The hearing will be open to the public for in-person attendance that will be
`accommodated on a first come, first serve basis.
`Each party will have 30 minutes of total time to present arguments for
`the instant proceeding. Because Petitioner bears the ultimate burden of
`proof that the challenged claims are unpatentable, Petitioner will proceed
`first to present its case as to the challenged claims of the challenged patent
`and instituted grounds of unpatentability. Thereafter, Patent Owner will
`respond to Petitioner’s case. After that, Petitioner will make use of the rest
`of its time for its rebuttal, responding to Patent Owner’s specific arguments
`presented at the oral hearing.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served no
`later than seven business days before the hearing date. They shall be filed
`with the Board no later than five business days prior to the hearing date. The
`parties must initiate a conference call with the Board at least three business
`days prior to the hearing to resolve any dispute over the propriety of each
`party’s demonstrative exhibits. 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), for
`guidance regarding the appropriate content of demonstrative exhibits. See
`
`
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`2
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`
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`IPR2017-00381
`Patent 7,886,122 B2
`
`also CBS Interactive Inc. v. Helferich Patent Licensing, LLC, Case
`IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) (The Board has the
`discretion to limit the parties’ demonstratives to pages in the record should
`there be no easy resolution to objections over demonstratives.).
`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.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing transcript will be entered in the record of these proceedings.
`Any requests regarding special equipment or needs, such as for audio
`visual equipment, should be directed to Trials@uspto.gov. Requests for
`audio-visual equipment are to be made at least five business days in advance
`of the hearing date.
`
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`3
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`IPR2017-00381
`Patent 7,886,122 B2
`
`PETITIONER:
`
`Jeremy J. Monaldo
`W. Karl Renner
`Katherine Lutton
`David M. Hoffman
`Andrew Goldberg
`FISH & RICHARDSON P.C.
`jjm@fr.com
`axf-ptab@fr.com
`lutton@fr.com
`hoffman@fr.com
`goldberg@fr.com
`
`
`PATENT OWNER:
`
`Matthew Phillips
`Kevin Laurence
`LAURENCE & PHILLIPS IP LAW LLP
`mphillips@lpiplaw.com
`kevin.laurence@renaissanceiplaw.com
`
`Bryan Richardson
`WiLAN Inc.
`brichardson@wilan.com
`
`Derek Meeker
`derek.meeker@meekerip.com
`
`
`
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`4
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