Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 26
`Entered: June 26, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`STINGRAY DIGITAL GROUP, INC.,
`Petitioner,
`
`v.
`
`MUSIC CHOICE,
`Patent Owner.
`
`
`Case IPR2017-01450, Patent 9,414,121 B11
`Case IPR2017-01192, Patent 8,769,602 B1
`
`
`
`Before MITCHELL G. WEATHERLY, GREGG I. ANDERSON, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 We exercise our discretion to issue one order to be entered in each of the
`above-referenced proceedings. The Parties are not authorized to use this
`style heading without prior Board approval.
`
`
`571-272-7822
`
`
`
`Paper 26
`Entered: June 26, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`STINGRAY DIGITAL GROUP, INC.,
`Petitioner,
`
`v.
`
`MUSIC CHOICE,
`Patent Owner.
`
`
`Case IPR2017-01450, Patent 9,414,121 B11
`Case IPR2017-01192, Patent 8,769,602 B1
`
`
`
`Before MITCHELL G. WEATHERLY, GREGG I. ANDERSON, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 We exercise our discretion to issue one order to be entered in each of the
`above-referenced proceedings. The Parties are not authorized to use this
`style heading without prior Board approval.
`
`
`
`IPR2017-01450 (Patent 9,414,121 B1)
`IPR2017-01192 (Patent 8,769.602 B1)
`
`
`On June 11, 2018, Petitioner requested 30 minutes of oral argument
`per side in IPR2017-01192. Paper 21.2 On June 18, 2018, both Petitioner
`and Patent Owner requested oral argument in IPR2017-01450. Papers 31,
`32. Petitioner requested 30 minutes of argument per side (Paper 32, 1), and
`Patent Owner requested 45 minutes of argument per side for both IPR2017-
`01450 and IPR2017-01192 (Paper 31, 1).
`The requests for oral argument are granted, each party will have forty
`five (45) minutes of total argument time, and the oral argument will
`commence at 1:00 p.m. Eastern Time on July 16, 2018. The hearing will be
`held on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia 22314. The hearing will be open to the public for in-
`person attendance, which 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. Two
`members of the panel will be electronically attending the hearing from a
`remote location.
`In each proceeding, Petitioner bears the ultimate burden of proof that
`the challenged claims are unpatentable. Therefore, Petitioner will proceed
`first, and will present its arguments with regard to the challenged claims and
`grounds. Petitioner may reserve some of its time for rebuttal. Thereafter,
`Patent Owner may respond to Petitioner’s arguments, having available to it
`the entirety of its allotted time. Petitioner may then make use of any rebuttal
`time it has reserved to respond to Patent Owner’s arguments.
`
`
`2 Unless otherwise noted, all papers referenced herein are papers in
`IPR2017-01450. In this instance, however, Paper 21 refers to the paper filed
`in IPR2017-01192.
`
`2
`
`
`
`IPR2017-01450 (Patent 9,414,121 B1)
`IPR2017-01192 (Patent 8,769.602 B1)
`
`
`Currently pending in IPR2017-01450 is Patent Owner’s motion to
`exclude, on which Patent Owner bears the burden of proof. Paper 30. To
`the extent Patent Owner wishes to argue the merits of that motion at the
`hearing, it may do so during the time allotted above. Patent Owner may also
`reserve time to be used solely to rebut arguments raised in opposition to its
`motion to exclude. Petitioner may raise such arguments during Petitioner’s
`rebuttal period.
`Demonstrative exhibits in this proceeding are not evidence and are
`intended only to assist the parties in presenting their oral argument to the
`panel. At the hearing, a hard copy of the demonstrative exhibits should be
`provided to the court reporter. Any party referencing a demonstrative
`exhibit must clearly and specifically identify the referenced exhibit (e.g., by
`page or slide number) to ensure the clarity and accuracy of the reporter’s
`transcript, and to assist remote panel members.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits shall be served on
`opposing counsel at least seven (7) business days before the oral hearing,
`and filed as an exhibit no later than the time of the oral hearing. The parties
`also shall provide a courtesy copy of any demonstrative exhibits to the
`Board at least three (3) business days prior to the oral hearing by emailing
`the exhibits to Trials@uspto.gov. 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, 2015) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits, which
`must include citations to the record.
`If either party objects to demonstrative exhibits, the parties shall meet
`and confer in good faith to resolve any such objections. A party may file a
`
`3
`
`
`
`IPR2017-01450 (Patent 9,414,121 B1)
`IPR2017-01192 (Patent 8,769.602 B1)
`
`paper addressing any unresolved objections to demonstrative exhibits with
`the Board no later than three (3) business days before the oral hearing. The
`paper shall include a single sentence per objection stating the basis for that
`objection and be accompanied by a copy of the allegedly objectionable
`demonstrative exhibit that identifies the objectionable portion of the exhibit
`with particularity. No further argument or explanation is permitted. We will
`consider the objections and, if we deem it necessary, we will further address
`the objections in a conference call or at the oral hearing. Otherwise, we will
`reserve ruling on the objections until after the oral hearing.
`Questions regarding specific audio-visual equipment that may be
`needed to facilitate the presentation of demonstrative exhibits should be
`directed to the Board at (571) 272-9797. Requests for specific audio-visual
`equipment, including overhead projectors and screens, should be made five
`business days in advance of the hearing, and should be sent directly to
`Trials@uspto.gov. If the request is not timely received, the equipment may
`not be available on the day of the hearing.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. 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 hearing, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`
`
`
`
`4
`
`
`
`IPR2017-01450 (Patent 9,414,121 B1)
`IPR2017-01192 (Patent 8,769.602 B1)
`
`
`
`For PETITIONER:
`
`Heath J. Briggs
`Joshua L. Raskin
`briggsh@gtlaw.com
`raskinj@gtlaw.com
`
`
`For PATENT OWNER:
`
`Brian S. Rosenbloom
`Martin M. Zoltick
`Michael V. Battaglia
`Jennifer B. Maisel
`brosenbloom@rfem.com
`mzoltick@rfem.com
`mbattaglia@rfem.com
`jmaisel@rfem.com
`
`
`
`
`
`
`5
`
`
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