`571-272-7822
`
`
`
`
`
`
`Paper: 24
`Entered: May 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HTC CORPORATION AND HTC AMERICA, INC.,
`Petitioner,
`
`v.
`
`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
`____________
`
`Case IPR2017-00857
`Reissued Patent RE44,006 E
`____________
`
`
`Before KRISTEN L. DROESCH, BARBARA A. PARVIS, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`DROESCH, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`We instituted an inter partes review on September 6, 2017. Paper 7.
`Petitioner and Patent Owner requested oral argument pursuant to 37 C.F.R.
`§ 42.70. Papers 20, 22. The requests are GRANTED. Specifically, the
`hearing will commence at 9:00 AM ET, on June 1, 2018, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`IPR2017-00857
`Reissued Patent RE44,006 E
`
`Each party will have thirty (30) minutes total time to present
`arguments for the case. Petitioner will proceed first to present its case with
`respect to the challenged claims and grounds for which the Board instituted
`trial. Thereafter, Patent Owner will respond to Petitioner’s presentation.
`Petitioner may reserve rebuttal time to respond to Patent Owner’s
`presentation.
`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 will be open to the public for in-person attendance, accommodated
`on a first-come-first-served basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven (7) business days before the hearing. The parties also shall
`provide the demonstrative exhibits to the Board no later than two (2)
`business days before the hearing by emailing a copy of the demonstrative
`exhibits to Trials@uspto.gov. We waive the requirement under 37 C.F.R.
`§ 42.70(b) that demonstrative exhibits be filed no later than the time of oral
`argument. The parties shall not file any demonstrative exhibits in this
`proceeding without prior authorization from the Board. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`The Board expects 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 objections to demonstratives with the
`Board at least two (2) business days before the hearing. The objections
`
`2
`
`
`
`IPR2017-00857
`Reissued Patent RE44,006 E
`
`should identify with particularity which portions of the demonstrative
`exhibits are subject to objection, include a copy of the objected-to portions,
`and include a one-sentence statement of the reason 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. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`The parties are reminded that during oral hearing the presenter must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`screen number) referenced during the hearing to ensure the clarity and
`accuracy of the reporter’s transcript.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If a party anticipates that its lead counsel will not attend
`the oral argument, the parties should initiate a joint telephone conference
`with the Board no later than two (2) business days prior to the oral hearing to
`discuss the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov no later than two (2) business days prior to the oral
`hearing.
`Accordingly, it is:
`ORDERED that oral hearing, conducted pursuant to the procedures
`outlined above, shall commence at 9:00 AM ET on June 1, 2018.
`
`
`3
`
`
`
`IPR2017-00857
`Reissued Patent RE44,006 E
`
`PETITIONER:
`Bing Ai
`John Schnurer
`Kevin J. Patariu
`PERKINS COIE LLP
`ai-ptab@perkinscoie.com
`jschnurer@perkinscoie.com
`kpatariu@perkinscoie.com
`
`
`PATENT OWNER:
`Justin J. Oliver
`Daniel S. Glueck
`FITZPATRICK, CELLA, HARPER & SCINTO
`PhilipsIPR@fchs.com
`dglueck@fchs.com
`
`
`4
`
`
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