`Trials@uspto.gov
` Paper 57
`
`Paper No. 10 Entered: June 15, 2018
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`WARGAMING GROUP LIMITED and ACTIVISION BLIZZARD, INC.,
`Petitioner,
`
`v.
`
`GAME AND TECHNOLOGY CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01082
`Patent 7,682,243 B2
`____________
`
`
`Before STACEY G. WHITE, DANIEL J. GALLIGAN, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`IPR2017-01082
`Patent 7,682,243 B2
`
`
`The parties request oral argument pursuant to 37 C.F.R. § 42.70. Papers 55,
`56. We grant the parties’ requests. The date for oral argument is July 11, 2018.
`Based on our review of the record, we determine that two hours of oral argument
`time, in total, is sufficient to address the issues. Accordingly, each party will have
`one hour of total argument time. Petitioner bears the ultimate burden of proof that
`the claims at issue are unpatentable (see 35 U.S.C. § 316(e)) and will proceed first
`to present its case with regard to the challenged claims on which we instituted trial
`and with respect to its Motion to Exclude. Thereafter, Patent Owner may respond
`to Petitioner’s case. After that, Petitioner may use any of its remaining time for
`rebuttal.
`Regarding oral argument, the Office Patent Trial Practice Guide provides:
`“A party may rely upon evidence that has been previously submitted in the
`proceeding and may only present arguments relied upon in the papers previously
`submitted. No new evidence or arguments may be presented at the oral argument.”
`77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). We note that a District Court’s
`Order construing several terms of the patent at issue has been made of record in
`this proceeding. Ex. 2035. If a party deems appropriate, it may address the
`impact, if any, of the District Court’s claim constructions on this proceeding.
`Please note the time and location of the hearing. The hearing will
`commence at 1:00 PM Central Time, on July 11, 2018, at the Texas Regional
`Office of the USPTO, 207 South Houston St., Suite 159, Dallas, Texas 75202, and
`it will be open to the public for in-person attendance. Attendees will be
`accommodated on a first-come, first-served basis. If the parties have any concern
`about disclosing confidential information, they are to contact the Board at least 10
`days in advance of the hearing to discuss the matter. The Board will provide a
`court reporter for the hearing, and the reporter’s transcript will constitute the
`
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`IPR2017-01082
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`official record of the hearing. No live testimony from any witness will be taken at
`the oral argument. Any counsel of record may present the party’s argument.
`Any demonstrative exhibits must be served seven business days before the
`hearing. 37 C.F.R. § 42.70(b). Demonstrative exhibits are not evidence and
`may not introduce new evidence or arguments. Instead, demonstrative exhibits
`should cite to evidence in the record. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of Michigan,
`Case No. IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), regarding the
`appropriate content of demonstrative exhibits. The parties must file any objections
`to the demonstratives with the Board at least two business days before the hearing.
`Any objection to demonstrative exhibits that is not presented timely 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 if
`deemed necessary. Otherwise, the Board will reserve ruling on the objections until
`after the oral argument. Demonstratives should be filed at the Board no later than
`two days before the hearing. A hard copy of the demonstratives should be
`provided to the court reporter at the hearing.
`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 at least five (5) business days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received timely,
`the equipment may not be available on the day of the hearing. The parties are
`reminded that the presenter must identify clearly and specifically each
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
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`IPR2017-01082
`Patent 7,682,243 B2
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`hearing to ensure the clarity and accuracy of the reporter’s transcript. The parties
`also should note that one member of the panel will be attending the hearing
`electronically from a remote location and that, if a demonstrative is not filed or
`otherwise made fully available or visible to the judge presiding over the hearing
`remotely, that demonstrative will not be considered. If the parties have questions
`as to whether demonstrative exhibits would be sufficiently visible and available to
`all of the judges, the parties are invited to contact the Board at 571-272-9797.
`
`
`PETITIONER:
`
`Harper Batts
`Jeffrey Liang
`BAKER BOTTS L.L.P.
`harper.batts@bakerbotts.com
`jeffrey.liang@bakerbotts.com
`
`Sharon A. Israel
`John D. Garretson
`Tanya Chaney
`SHOOK, HARDY & BACON L.L.P.
`sisrael@shb.com
`jgarretson@shb.com
`tchaney@shb.com
`
`
`PATENT OWNER:
`
`William Mandir
`Peter Park
`John Bird
`Christopher Bezak
`Fadi Kiblawi
`SUGHRUE MION PLLC
`wmandir@sughrue.com
`pspark@sughrue.com
`
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`IPR2017-01082
`Patent 7,682,243 B2
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`jbird@sughrue.com
`cbezak@sughrue.com
`fkiblawi@sughrue.com
`
`Joseph J. Zito
`Richard A. Castellano
`DNL ZITO CASTELLANO
`jzito@dnlzito.com
`rcastellano@dnlzito.com
`
`
`
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