`571-272-7822
`
`Paper No. 45
`
` Entered: July 16, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION,
`Petitioner,
`
`v.
`
`FUJIFILM CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-00800
`Patent 6,767,612 B2
`____________
`
`
`
`Before JO-ANNE M. KOKOSKI, JEFFREY W. ABRAHAM, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2017-00800
`Patent 6,767,612 B2
`
`
` Patent Owner and Petitioner each request an oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 43, 44. Petitioner requests 60 minutes of total
`argument time. Paper 44, 1. Patent Owner does not request a specific
`amount of argument time. Paper 43. Having considered the parties’
`submissions, the parties’ requests for oral argument are GRANTED.
`Each party will have 40 minutes of total argument time. Petitioner
`bears the ultimate burden of proof that the patent claims at issue in this
`review are unpatentable. Therefore, Petitioner will proceed first to present
`its case with regard to whether the challenged claims are unpatentable.
`Thereafter, Patent Owner will respond to Petitioner’s arguments. Petitioner
`may reserve rebuttal time to respond to arguments presented by Patent
`Owner, but Petitioner may not reserve more than half of its allotted time for
`rebuttal. Patent Owner may not reserve time for rebuttal.
`The hearing shall commence at 1:00 pm (EDT) on July 23, 2018. The
`hearing will be open to the public for in-person attendance on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, VA. Seating will
`be available 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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served five business days before the hearing. The parties also shall provide
`the demonstrative exhibits to the Board at least three business days prior to
`the hearing by emailing them to Trials@uspto.gov. The parties shall not file
`any demonstrative exhibits in this proceeding without prior authorization
`from the Board.
`
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`IPR2017-00800
`Patent 6,767,612 B2
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`
`The Board reminds the parties that demonstrative exhibits are not
`evidence, but are intended to assist the parties in presenting their oral
`arguments to the Board. The Board also reminds the parties that
`demonstrative exhibits are not a mechanism for making arguments not
`previously addressed in the papers. 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.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved, the parties may file any remaining objections with the
`Board at least three business days before the oral hearing. The objections
`should identify with particularity the portions of the demonstrative exhibits
`that are subject to objection and include a one-sentence statement of the
`basis for each objection. No argument or further explanation is permitted.
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections until the hearing. Any objection to demonstrative exhibits that is
`not timely presented will be considered waived. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`At least one member of the panel will be attending the hearing
`electronically from a remote location and may not be able to view the
`projection screen in the hearing room. In particular, documents presented on
`the Elmo projector are not visible to remote judges, so please plan
`accordingly. Each presenter must identify clearly and specifically each
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`
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`IPR2017-00800
`Patent 6,767,612 B2
`
`hearing to ensure the clarity and accuracy of the reporter’s transcript and for
`the benefit of the judge(s) presiding over the hearing remotely. Because of
`limitations of the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room lectern.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`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 5 days in advance of the hearing date. The
`request is to be sent directly to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`In light of the foregoing, it is:
`ORDERED that the oral hearing, conducted pursuant to the
`procedures outlined above, shall commence at 1:00 PM (EDT) on July 23,
`2018.
`
`
`
`4
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`
`
`IPR2017-00800
`Patent 6,767,612 B2
`
`
`
`PETITIONER:
`
`Michael Rader
`mrader-ptab@wolfgreenfield.com
`Randy Pritzker
`rpritzker-ptab@wolfgreenfield.com
`Richard Giunta
`rgiunta-ptab@wolfgreenfield.com
`Michael Pomianek, Ph.D.
`mpomianek-ptab@wolfgreenfield.com
`Elisabeth Hunt
`ehunt-ptab@wolfgreenfield.com
`
`PATENT OWNER:
`
`Eliot Williams
`eliot.williams@bakerbotts.com
`Robert Scheinfeld
`robert.scheinfeld@bakerbotts.com
`Robert Maier
`robert.maier@bakerbotts.com
`
`
`
`
`5
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`