Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper No. 48
`Entered: June 6, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DELPHI TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`MICROCHIP TECHNOLOGY INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00861 (Patent 7,627,708 B2)
`Case IPR2017-00864 (Patent 7,523,243 B2)1
`
`____________
`
`Before BRIAN J. McNAMARA, DANIEL N. FISHMAN, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This order addresses issues that are the same in both identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading in subsequent papers.
`
`
`Tel: 571-272-7822
`
`Paper No. 48
`Entered: June 6, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DELPHI TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`MICROCHIP TECHNOLOGY INC.,
`Patent Owner.
`____________
`
`Case IPR2017-00861 (Patent 7,627,708 B2)
`Case IPR2017-00864 (Patent 7,523,243 B2)1
`
`____________
`
`Before BRIAN J. McNAMARA, DANIEL N. FISHMAN, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This order addresses issues that are the same in both identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading in subsequent papers.
`
`
`
`IPR2017-00861 (Patent 7,627,708 B2)
`IPR2017-00864 (Patent 7,523,243 B2)
`
`
`Both parties requested oral argument pursuant to 37 C.F.R. § 42.70(a).
`Papers 33, 34.2 The requests are granted and each party will be allotted
`sixty (60) minutes for argument.
`The hearing will commence at 1:00 PM ET, on Thursday,
`June 14, 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, and the reporter’s transcript
`will constitute the official record of the hearing.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`patent claims at issue are unpatentable. Petitioner will proceed first to
`present its case with respect to the challenged patent claims and grounds
`with respect to which the Board instituted. Petitioner may reserve some of
`its argument time to respond to Patent Owner’s presentation. Thereafter,
`Patent Owner will respond to Petitioner’s arguments. Lastly, Petitioner may
`make use of the time it has reserved, if any, to rebut Patent Owner’s
`opposing presentation regarding patentability.
`Demonstrative exhibits must be served on the opposing party at least
`five (5) business days before the hearing date. 37 C.F.R. § 42.70(b). The
`parties also shall provide a courtesy copy of any demonstrative exhibits to
`the Board at least five (5) business days prior to the hearing by emailing
`them to Trials@uspto.gov. Despite the requirement in § 42.70(b) to file
`demonstratives, the parties shall not file any demonstrative exhibits in
`this proceeding without prior authorization from the Board.
`
`
`2 Citations are to IPR2017-00861 unless otherwise noted.
`
`2
`
`
`
`IPR2017-00861 (Patent 7,627,708 B2)
`IPR2017-00864 (Patent 7,523,243 B2)
`
`
`The parties should note that at least one member of the panel will be
`attending the hearing electronically from a remote location. The parties are
`reminded that each presenter must identify clearly and specifically each
`document, exhibit, or 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 for the benefit of judges participating electronically
`from remote locations.
`The parties must file any objections to the demonstrative exhibits with
`the Board at least three (3) business days before the hearing. Any objection
`to demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstratives are subject to objection, and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference call to address them, if deemed necessary. Otherwise,
`the Board will reserve ruling on the objections until after the oral argument.
`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.
`Requests for audio-visual equipment are to be made five (5)
`business days in advance of the hearing date. The request is to be sent to
`Trials@uspto.gov or should be directed to the Board at (571) 272-9797. If
`the request is not received timely, the equipment may not be available on the
`day of the hearing.
`
`3
`
`
`
`IPR2017-00861 (Patent 7,627,708 B2)
`IPR2017-00864 (Patent 7,523,243 B2)
`
`
`The Board expects lead counsel for each party to be present at the
`hearing, although lead or back-up counsel of record may make the
`presentation. If either 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.
`The parties are reminded that, at the oral argument, they “may rely
`upon evidence that has been previously submitted in the proceeding and
`may only present arguments relied upon in the papers previously submitted.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768
`(Aug. 14, 2012). “No new evidence or arguments may be presented at the
`oral argument.” Id.
`
`Accordingly, it is
`ORDERED that oral argument will commence at 1:00 PM ET,
`on Thursday, June 14, 2018, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia.
`
`PETITIONER:
`Scott A. McKeown
`James L. Davis, Jr.
` ROPES & GRAY LLP
`Scott.McKeown@ropesgray.com
` james.l.davis@ropesgray.com
`
`PATENT OWNER:
`Bruce W. Slayden II
`R. Beard
`SLAYDEN GRUBERT BEARD PLLC
`bslayden@sgbfirm.com
`wbeard@sgbfirm.com
`
`
`4
`
`
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