`571–272–7822
`
`
`
`
`Paper 24
`Entered: January 23, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
`_______________
`
`Case IPR2017-00437
`Patent 6,772,114 B1
`_______________
`
`
`Before KEVIN F. TURNER, ROBERT J. WEINSCHENK, and
`KAMRAN JIVANI, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`IPR2017-00437
`Patent 6,772,114 B1
`
`
`The Scheduling Order for this case sets the date for the oral hearing as
`February 13, 2018. Paper 11, 6. Each party requested an oral hearing
`pursuant to 37 C.F.R. § 42.70. Papers 20, 21. The parties’ requests for an
`oral hearing are granted.
`The hearing will commence at 1:00 PM ET on February 13, 2018, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. 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 for the hearing, and the reporter’s transcript will
`constitute the official record of the hearing.
`Each party will have a total of thirty (30) 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. Petitioner may
`then use any time Petitioner reserved for rebuttal. 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.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least seven (7) business days prior to the hearing.
`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 also should note that at
`least one member of the panel may be attending the hearing electronically
`
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`IPR2017-00437
`Patent 6,772,114 B1
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`from a remote location and that, if a demonstrative is not submitted by email
`prior to the hearing, it may not be fully available or visible to any judges
`attending remotely. The parties also should note that a panel member
`appearing remotely will not be able to hear the parties unless they speak into
`the microphone at the podium. If the parties have questions as to whether
`demonstrative exhibits would be sufficiently available and visible to all of
`the judges, the parties are invited to contact the Board.
`We expect the parties will meet and confer in good faith to resolve
`any objections to demonstrative exhibits. If such objections cannot be
`resolved, the parties must initiate a conference call with the Board at least
`two (2) business days prior to the hearing to resolve any objections to
`demonstrative exhibits. Any objection to demonstrative exhibits that is not
`timely presented at least two (2) business days prior to the hearing will be
`considered waived.
`We expect lead counsel for each party to attend the hearing. Office
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758 (Aug. 14, 2012).
`However, any counsel of record may present the party’s arguments. If either
`party anticipates that its lead counsel will not attend the hearing, the parties
`shall request and make themselves available for a conference call with the
`Board to occur no later than two (2) business days prior to the hearing to
`discuss the reasons for that lead counsel’s absence.
`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
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`IPR2017-00437
`Patent 6,772,114 B1
`
`PETITIONER:
`
`David Krinsky
`Aaron Maurer
`Christopher Suarez
`Christopher Geyer
`WILLIAMS & CONNOLLY LLP
`dkrinsky@wc.com
`amaurer@wc.com
`csuarez@wc.com
`cgeyer@wc.com
`
`
`PATENT OWNER:
`
`Justin J. Oliver
`Jason Dorsky
`FITZPATRICK, CELLA, HARPER & SCINTO
`PhilipsIPR@fchs.com
`jdorsky@fchs.com
`
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