Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`Paper: 70
`Entered: December 7, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`1964 EARS, LLC,
`Petitioner,
`
`v.
`
`JERRY HARVEY AUDIO HOLDING, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01084 (Patent 8,567,555 B2)
`Case IPR2017-01091 (Patent 8,925,674 B2)
`Case IPR2017-01092 (Patent 9,197,960 B2)
`___________
`
`
`
`Before BRIAN J. McNAMARA, JOHN F. HORVATH, and
`AARON W. MOORE Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`571-272-7822
`
`
`
`
`
`
`Paper: 70
`Entered: December 7, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`1964 EARS, LLC,
`Petitioner,
`
`v.
`
`JERRY HARVEY AUDIO HOLDING, LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01084 (Patent 8,567,555 B2)
`Case IPR2017-01091 (Patent 8,925,674 B2)
`Case IPR2017-01092 (Patent 9,197,960 B2)
`___________
`
`
`
`Before BRIAN J. McNAMARA, JOHN F. HORVATH, and
`AARON W. MOORE Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`IPR2017-01084 (Patent 8,567,555 B2)
`IPR2017-01091 (Patent 8,925,674 B2)
`IPR2017-01092 (Patent 9,197,960 B2)
`
`
`On October 31, 2018, Petitioner and Patent Owner filed separate
`requests for oral argument in each of these proceedings. Papers 54, 55.1
`The parties’ requests in each proceeding are granted. Oral arguments will
`be held on December 17, 2018, commencing at 1:00 p.m. Eastern Time, in
`Hearing Room B on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia 22314. The hearings will be open to the public
`for in-person attendance, accommodated on a first come first served basis.
`The Board will provide a court reporter for the hearings, and the reporter’s
`transcript will constitute the official record of the hearings. One member of
`the panel will be electronically attending the hearings from a remote
`location.
`Two hearings will be conducted in the following order with a brief
`break between hearings: IPR2017-01084 followed by a consolidated
`hearing for IPR2017-01091 and IPR2017-01092. For the hearing in
`IPR2017-01084, each party will have thirty five (35) minutes of total
`argument time. For the consolidated hearing in IPR2017-01091 and
`IPR2017-01092, each party will have seventy (70) minutes of total argument
`time. Petitioner bears the ultimate burden of proof that the challenged
`claims are unpatentable. Therefore, for each hearing, Petitioner will proceed
`first with an opening argument, and may reserve time for rebuttal.
`Thereafter, Patent Owner may respond with a rebuttal argument, and may
`also reserve time for sur-rebuttal.
`
`
`1 Unless otherwise noted, we cite to the papers filed in IPR2017-01084.
`Substantially similar papers were filed in IPR2017-01091 and IPR2017-
`01092.
`
`2
`
`
`
`IPR2017-01084 (Patent 8,567,555 B2)
`IPR2017-01091 (Patent 8,925,674 B2)
`IPR2017-01092 (Patent 9,197,960 B2)
`
`
`Currently pending, in each proceeding, is Patent Owner’s contingent
`motion to amend. See, e.g., Paper 21. For each hearing, Petitioner may
`address the patentability of the amended claims during its opening argument
`and Patent Owner may do the same during its rebuttal argument. In
`addition, Petitioner and Patent Owner may each respond to the arguments
`made by the other party in the times reserved for rebuttal and sur-rebuttal,
`respectively.
`Also currently pending, in each proceeding, are various motions to
`exclude. Each party bears the burden on its own motion to exclude.
`Therefore, for each hearing, Petitioner may address the merits of its motion
`during its opening argument, Patent Owner may oppose during its rebuttal
`argument, and Petitioner may reply during the time reserved for rebuttal.
`Similarly, Patent Owner may address the merits of its motion to exclude
`during its rebuttal argument, Petitioner may oppose during the time reserved
`for rebuttal, and Patent Owner may reply during the time reserved for sur-
`rebuttal.
`Under 37 C.F.R. § 42.70(b), any demonstrative exhibits to be
`presented at the hearings must be served seven business days before the
`hearings. They shall be filed with the Board no later than three business
`days before the hearings. Any objection to demonstrative exhibits should be
`resolved at least two business days prior to the hearings by way of a joint
`telephone conference call to the Board. Any objection to demonstrative
`exhibits that is not timely presented will be waived. For guidance on
`appropriate content in demonstrative exhibits, the parties are directed to CBS
`
`3
`
`
`
`IPR2017-01084 (Patent 8,567,555 B2)
`IPR2017-01091 (Patent 8,925,674 B2)
`IPR2017-01092 (Patent 9,197,960 B2)
`
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper
`118 (Oct. 23, 2013).
`At the hearings, please provide a hard copy of the demonstrative
`exhibits to the court reporter. Also, when referencing a demonstrative
`exhibit, please clearly and specifically identify the referenced exhibit to
`ensure the clarity and accuracy of the reporter’s transcript, and to assist
`remote panel members.
`Please direct any questions regarding specific audio-visual equipment
`needed to facilitate the presentation of demonstrative exhibits to the Board at
`(571) 272-9797. Please make any requests for specific audio-visual
`equipment, including overhead projectors and screens, five business days in
`advance of the hearing directly to Trials@uspto.gov. The requested
`equipment may not be available on the day of the hearing if the request is
`not made five business days in advance.
`The Board expects lead counsel for each party to be present in person
`at the oral hearings. However, lead or backup counsel may put forward a
`party’s arguments. If either party anticipates that its lead counsel will not be
`attending the oral hearings, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearings to discuss the matter.
`
`
`4
`
`
`
`IPR2017-01084 (Patent 8,567,555 B2)
`IPR2017-01091 (Patent 8,925,674 B2)
`IPR2017-01092 (Patent 9,197,960 B2)
`
`For PETITIONER:
`Hillary A. Brooks
`Delfina S. Homen
`BROOKS QUINN, LLC
`hillary@brooksquinn.com
`delfina@brooksquinn.com
`
`For PATENT OWNER:
`Daniel B. Ravicher
`David J. Garrod
`RAVICHER LAW FIRM PLLC
`dan@ravicher.com
`dave@ravicher.com
`
`
`5
`
`
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