Paper No. 29
`Trials@uspto.gov
`571–272–7822
` Entered: May 10, 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)
`IPR2017-01048 (Patent 8,578,413 B2)
`IPR2017-01049 (Patent 8,578,413 B2)
`IPR2017-01050 (Patent 8,578,413 B2)
`IPR2017-01065 (Patent 8,046,801 B2)
`IPR2017-01066 (Patent 8,046,801 B2)
` IPR2017-01143 (Patent 8,046,801 B2)1
`____________
`Before KEVIN F. TURNER, MICHAEL R. ZECHER, and
`JESSICA C. KAISER, Administrative Patent Judges.
`TURNER, Administrative Patent Judge.
`
`ORDER
`Amended Trial Hearing
`37 C.F.R. § 42.70
`
`1 This Order addresses issues that are identical in all nine 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.
`
`
`Trials@uspto.gov
`571–272–7822
` Entered: May 10, 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)
`IPR2017-01048 (Patent 8,578,413 B2)
`IPR2017-01049 (Patent 8,578,413 B2)
`IPR2017-01050 (Patent 8,578,413 B2)
`IPR2017-01065 (Patent 8,046,801 B2)
`IPR2017-01066 (Patent 8,046,801 B2)
` IPR2017-01143 (Patent 8,046,801 B2)1
`____________
`Before KEVIN F. TURNER, MICHAEL R. ZECHER, and
`JESSICA C. KAISER, Administrative Patent Judges.
`TURNER, Administrative Patent Judge.
`
`ORDER
`Amended Trial Hearing
`37 C.F.R. § 42.70
`
`1 This Order addresses issues that are identical in all nine 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 et al.
`Patents 8,006,263 B2; 8,578,413 B2; 8,046,801 B2;
`
`
`On April 20, 2018, we issued a trial order in Cases IPR2017-00950
`IPR2017-00951, and IPR2017-00952, granting the parties, Comcast Cable
`Communications, LLC (“Comcast”) and Rovi Guides, Inc. (“Rovi”),
`requests for oral hearing, setting the date for a consolidated oral hearing as
`May 17, 2018. Papers 35, 35, 34, respectively. On May 2, 2018, we had a
`conference call with the parties to discuss implications of the Supreme Court
`holding in SAS Inst., Inc. v. Iancu, 2018 WL 1914661, at *10 (U.S. Apr. 24,
`2018). On that conference call, the parties indicated that they wished to
`have a consolidated oral hearing involving all of the cited proceedings,
`because the closeness of the issues involved. The parties indicated a
`preference for June 19, 2018 for such a consolidated oral hearing. The
`parties confirmed this request during a conference call on May 7, 2018.
`Subsequently, requests for oral hearing were received from both parties in
`the remaining proceedings.
`As such, we rescind our prior order in Cases IPR2017-00950,
`IPR2017-00951, and IPR2017-00952. Papers 35, 35, 34, respectively. We
`set forth the requirements for a consolidated oral hearing covering all nine
`proceedings below.
`We have reviewed the issues that the parties intend to address for each
`proceeding, and we provide that each party should be accorded 2 hours of
`total time to present oral arguments. Comcast bears the ultimate burden of
`proof that all challenged claims of the 8,006,263 B2, 8,578,413 B2, and
`8,046,801 B2 patents are unpatentable based on the grounds of
`unpatentability (“grounds”) in each proceeding. 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
`
`2
`
`
`
`IPR2017-00950 et al.
`Patents 8,006,263 B2; 8,578,413 B2; 8,046,801 B2;
`
`first to present its case as to these claims and the grounds. 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 10:00AM Eastern Time on Tuesday,
`June 19, 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 A). The hearing will accommodate a one hour
`lunch break from approximately 12:00PM to 1:00PM and recommence
`thereafter. 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).
`
`3
`
`
`
`IPR2017-00950 et al.
`Patents 8,006,263 B2; 8,578,413 B2; 8,046,801 B2;
`
`
`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.
`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.
`
`
`
`4
`
`
`
`IPR2017-00950 et al.
`Patents 8,006,263 B2; 8,578,413 B2; 8,046,801 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
`
`
`5
`
`
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