Paper No. 34
`Trials@uspto.gov
`571-272-7822
`
`Entered: April 20, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`COMCAST CABLE COMMUNICATIONS, LLC,
`Petitioner,
`
`v.
`
`ROVI GUIDES, INC.,
`Patent Owner.
`
`
`
`Cases
`IPR2017-00950 (Patent 8,006,263 B2)
` IPR2017-00951 (Patent 8,006,263 B2)
` IPR2017-00952 (Patent 8,006,263 B2)1
`
`
`
`
`Before KEVIN F. TURNER, MICHAEL R. ZECHER, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`1 This Order addresses issues that are identical in all three cases. We, therefore,
`exercise our discretion to issue one Order to be filed in each case. The parties,
`however, are not authorized to use this style heading in any subsequent papers.
`
`
`
`
`

`

`IPR2017-00950 (Patent 8,006,263 B2)
`IPR2017-00951 (Patent 8,006,263 B2)
`IPR2017-00952 (Patent 8,006,263 B2)
`
`
`
`
`
`On September 20, 2017, we instituted an inter partes review as to claims 1–
`19 of U.S. Patent No. 8,006,263 B2 (Ex. 1001,2 “the ’263 patent) in each of the
`proceedings identified above. Paper 12. The parties request oral argument for
`these proceedings pursuant to 37 C.F.R. § 42.70(a). Papers 33, 34. The parties’
`requests are granted.
`Petitioner, Comcast Cable Communications, LLC (“Comcast”), requests one
`(1) hour and thirty (30) minutes, in total, to present oral arguments. Paper 33, 2–3.
`Patent Owner, Rovi Guides, Inc. (“Rovi”), requests one (1) hour, in total, to
`present oral arguments. Paper 34, 2. We have reviewed the issues that the parties
`intend to address for each proceeding, and we agree with Comcast that each party
`should be accorded 1 hour and 30 minutes of total time to present oral arguments.
`Comcast bears the ultimate burden of proof that claims 1–19 of the ’263
`patent are unpatentable based on the grounds of unpatentability (“grounds”)
`instituted in these proceedings. 35 U.S.C. § 316(e) (“[T]he petitioner shall have
`the burden of proving a proposition of unpatentability by a preponderance of the
`evidence.”). Consequently, Comcast will proceed first to present its case as to
`these claims and the grounds instituted in each proceeding. Comcast may reserve
`rebuttal time. Thereafter, Rovi will respond to Comcast’s case. Comcast then will
`make use of its rebuttal time to respond to Rovi’s case.
`
`The hearing will commence at 1:00PM Eastern Time on Thursday, May 17,
`2018, and it will be open to the public for in-person attendance on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia (Hearing Room
`
`
`2 Unless otherwise noted, all citations to papers and exhibits refer to those filed in
`Case IPR2017-00950. Similar papers and exhibits were filed in Cases IPR2017-
`00951 and IPR2017-00952.
`
`
`
`
`2
`
`

`

`
`
`IPR2017-00950 (Patent 8,006,263 B2)
`IPR2017-00951 (Patent 8,006,263 B2)
`IPR2017-00952 (Patent 8,006,263 B2)
`
`
`A). In-person attendance will be accommodated on a first-come first-serve basis.
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing.
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits must be served no
`later than seven (7) business days before the hearing date. They shall be filed with
`the Board no later than the time of the hearing. Demonstrative exhibits are not
`evidence, but merely a visual aid for use at the hearing. Demonstrative exhibits
`shall not introduce new arguments or evidence. The parties must initiate a
`conference call with us at least two (2) business days prior to the hearing date to
`resolve any dispute over the propriety of each party’s demonstrative exhibits.
`Regardless of whether the propriety of any demonstrative exhibit is disputed by
`either party, we consider demonstrative exhibits only to the extent (1) that they
`elucidate the parties’ arguments presented during the hearing; and (2) that they
`include only arguments and/or evidence already of record in these proceedings.
`For further guidance on what constitutes an appropriate demonstrative exhibit, the
`parties are directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118).
`We take this opportunity to remind the parties that each 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 parties also should note that two members of the panel
`will be attending the hearing electronically from remote locations. If the parties
`have questions as to whether demonstrative exhibits would be sufficiently visible
`and available to each of the Administrative Patent Judges presiding over the
`hearing, the parties are invited to contact the Board at 571-272-9797.
`
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`3
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`

`

`IPR2017-00950 (Patent 8,006,263 B2)
`IPR2017-00951 (Patent 8,006,263 B2)
`IPR2017-00952 (Patent 8,006,263 B2)
`
`
`
`
`
`The Board expects lead counsel for each party to be present at the hearing;
`however, any backup counsel may make the actual presentation, in whole or in
`part. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758 (Aug.
`14, 2012). If lead counsel for either party is unable to attend the hearing, the
`parties shall request a joint telephone conference call no later than two (2) business
`days prior to the hearing date to discuss the matter.
`Requests for special accommodations or audio-visual equipment are to be
`made at least five (5) business days in advance of the hearing date. Such requests
`must be sent to Trials@uspto.gov. If the requests are not received timely,
`requested accommodations and/or equipment may not be available on the day of
`the hearing.
`
`
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`
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`4
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`

`

`
`
`
`
`IPR2017-00950 (Patent 8,006,263 B2)
`IPR2017-00951 (Patent 8,006,263 B2)
`IPR2017-00952 (Patent 8,006,263 B2)
`
`For PETITIONER:
`Frederic M. Meeker
`Bradley C. Wright
`Scott M. Kelly
`Azuka C. Dike
`Joshua Davenport
`Camille Sauer
`Bennett A. Ingvoldstad
`BANNER AND WITCOFF, LTD.
`fmeeker@bannerwitcoff.com
`bwright@bannerwitcoff.com
`skelly@bannerwitcoff.com
`adike@bannerwitcoff.com
`jdavenport@bannerwitcoff.com
`csauer@bannerwitcoff.com
`bingvoldstad@bannerwitcoff.com
`
`For PATENT OWNER:
`Mark D. Rowland
`Gabrielle E. Higgins
`Scott A. McKeown
`James Batchelder
`David Chun
`Scott S. Taylor
`Andrew Sutton
`Josef Schenker
`Henry Huang
`ROPES & GRAY LLP
`Mark.Rowland@ropesgray.com
`Gabrielle.Higgins@ropesgray.com
`Scott.McKeown@ropesgray.com
`James.Batchelder@ropesgray.com
`David.Chun@ropesgray.com
`Scott.Taylor@ropesgray.com
`Andrew.Sutton@ropesgray.com
`Josef.Schenker@ropesgray.com
`Henry.Huang@ropes.gray.com
`
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`5
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