`
`Paper 29
`Entered: May 24, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ITRON, INC.,
`Petitioner,
`
`v.
`
`SMART METER TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01199
`Patent 7,058,524 B2
`____________
`
`
`
`Before BRYAN F. MOORE, BARBARA A. BENOIT, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`HAMANN, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2017-01199
`Patent 7,058,524 B2
`
`
`
`Itron, Inc. (“Petitioner”) and Smart Meter Technologies, Inc. (“Patent
`
`Owner”) each requested oral hearing in this proceeding pursuant to
`
`37 C.F.R. § 42.70. See Papers 24, 25. The requests are granted. The
`
`hearing for IPR2017-01199 will commence at 9:00 AM EDT on Thursday,
`
`June 7, 2018, on the ninth floor of Madison Building East, 600 Dulany
`
`Street, Alexandria, VA. The Board will provide a court reporter. The
`
`transcript shall constitute the official record of the hearing and be filed in
`
`IPR2017-01199. The hearing will be open to the public for in-person
`
`attendance that will be accommodated on a first-come, first-served basis.
`
`Each party will have forty-five (45) minutes of total time to present
`
`arguments. Petitioner bears the burden of persuasion that the claims at issue
`
`are unpatentable. Therefore, Petitioner will open the hearing by presenting
`
`its case regarding the challenged claims and instituted grounds. Thereafter,
`
`Patent Owner will respond to Petitioner’s arguments. Next, Petitioner may
`
`use any time it has reserved for rebuttal to respond to arguments presented
`
`by Patent Owner.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven business days prior to the hearing. The parties shall confer with
`
`each other regarding any objections to demonstrative exhibits. The parties
`
`also shall provide a courtesy copy of any demonstrative exhibits to the
`
`Board at least five business days prior to the hearing by emailing them to
`
`Trials@uspto.gov. Demonstrative exhibits shall not be filed unless a party
`
`receives prior authorization from the Board. For any issue that cannot be
`
`resolved after conferring with the opposing party, the parties may file jointly
`
`a one-page list of objections at least two business days prior to the hearing.
`
`2
`
`
`
`IPR2017-01199
`Patent 7,058,524 B2
`
`
`The list should identify with particularity which demonstrative exhibits are
`
`subject to objection and include a short statement (no more than one
`
`sentence) of the reason for each objection. No argument or further
`
`explanation is permitted. We will consider the objections and schedule a
`
`conference call if necessary. Otherwise, we will reserve ruling on the
`
`objections until the hearing or after the hearing. Any objection to
`
`demonstrative exhibits that is not presented timely will be considered
`
`waived. Each party also shall provide a hard copy of its demonstrative
`
`exhibits to the court reporter at the hearing.
`
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`
`v. The Board of Regents of the University of Michigan, IPR2013-00041,
`
`Paper 65 (PTAB Jan. 27, 2014), regarding the appropriate content of
`
`demonstrative exhibits. 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 hearing to ensure the clarity and
`
`accuracy of the reporter’s transcript.
`
`The Board expects lead counsel for Petitioner and Patent Owner to be
`
`present at the hearing, although any back-up counsel may make the actual
`
`presentation, in whole or in part. If lead counsel for any party will not be in
`
`attendance at the hearing, the Board should be notified via a joint conference
`
`call no later than two days prior to the hearing to discuss the matter.
`
`Requests for audio-visual equipment at the hearing are to be made
`
`five days in advance of the hearing date. The requests must be sent to
`
`Trials@uspto.gov. If the requests are not received timely, equipment may
`
`not be available on the day of the hearing. Further, if the parties have
`
`3
`
`
`
`IPR2017-01199
`Patent 7,058,524 B2
`
`
`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:
`
`Kirk T. Bradley
`Christopher TL Douglas
`ALSTON & BIRD LLP
`kirk.bradley@alston.com
`christopher.douglas@alston.com
`
`
`PATENT OWNER:
`
`Decker A. Cammack
`WHITAKER CHALK SWINDLE & SCHWARTZ PLLC
`dcammack@whitakerchalk.com
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
