Paper No. 29
`
`
`
`
`Trials@uspto.gov
`571-272-7822 Entered: August 30, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`Before JEFFREY W. ABRAHAM and ELIZABETH M. ROESEL,
`Administrative Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`FUJIFILM CORPORATION,
`Petitioner,
`
`v.
`
`SONY CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01389, Patent 6,896,959 B2
` Case IPR2017-01390, Patent 7,115,331 B21
`____________
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses similar issues in two cases. We exercise our
`discretion to issue a single Order, to be filed in each case. The parties are
`not authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822 Entered: August 30, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`Before JEFFREY W. ABRAHAM and ELIZABETH M. ROESEL,
`Administrative Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`FUJIFILM CORPORATION,
`Petitioner,
`
`v.
`
`SONY CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2017-01389, Patent 6,896,959 B2
` Case IPR2017-01390, Patent 7,115,331 B21
`____________
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses similar issues in two cases. We exercise our
`discretion to issue a single Order, to be filed in each case. The parties are
`not authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`
`IPR2017-01389, Patent 6,896,959 B2
`IPR2017-01390, Patent 7,115,331 B2
`Patent Owner and Petitioner each request an oral hearing pursuant to
`37 C.F.R. § 42.70. IPR2017-01389, Papers 25, 26; IPR2017-1390, Papers
`25, 26. Each party requests a total of sixty (60) minutes per side for a
`combined oral argument to address the issues presented in IPR2017-01389
`and IPR2017-01390. IPR2017-01389, Papers 25, 26; IPR2017-1390, Papers
`25, 26. Having considered the parties’ submissions, the parties’ requests for
`oral argument are GRANTED.
`Each party will have 60 minutes of total argument time. Petitioner
`bears the ultimate burden of proof that the patent claims at issue in these
`reviews are unpatentable. Therefore, Petitioner will proceed first to present
`its case with regard to whether the challenged claims are unpatentable.
`Thereafter, Patent Owner will respond to Petitioner’s arguments. Petitioner
`may reserve rebuttal time to respond to arguments presented by Patent
`Owner, but Petitioner may not reserve more than half of its allotted time for
`rebuttal.
`The hearing shall commence at 1:00 pm (EDT) on September 20,
`2018. The hearing will be open to the public for in-person attendance on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, VA.
`Seating will be available on a first-come, first-served basis. The Board will
`provide a court reporter, and the transcript shall constitute the official record
`of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served seven business days before the hearing. Demonstrative exhibits are
`visual aids to oral argument and not evidence, and should be clearly marked
`as such. For example, each slide may be marked with the words
`
`2
`
`
`
`
`
`
`IPR2017-01389, Patent 6,896,959 B2
`IPR2017-01390, Patent 7,115,331 B2
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`Demonstrative exhibits may not be used to advance arguments or introduce
`evidence not previously presented in the record. See Dell Inc. v. Acceleron,
`LLC, 884 F.3d 1364, 1369 (Fed. Cir. 2018) (noting that the “Board was
`obligated to dismiss [the petitioner’s] untimely argument . . . raised for the
`first time during oral argument”). Instead, demonstrative exhibits should
`cite to the briefs and evidence in the record. Demonstrative exhibits, marked
`as noted above, should be provided to the Board by emailing them to
`Trials@uspto.gov at least three business days before the hearing. A hard
`copy of the demonstratives should also be provided to the court reporter at
`the hearing.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved, the parties may file any remaining objections with the
`Board at least two business days before the oral hearing. The objections
`should identify with particularity the portions of the demonstrative exhibits
`that are subject to objection and include a one-sentence statement of the
`basis for each objection. No argument or further explanation is permitted.
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections until the hearing. Any objection to demonstrative exhibits that is
`not timely presented will be considered waived.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`
`3
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`
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`IPR2017-01389, Patent 6,896,959 B2
`IPR2017-01390, Patent 7,115,331 B2
`attending the oral argument, 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.
`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 no later than 5 days in advance of the hearing date. The
`request is to be sent directly to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`In light of the foregoing, it is:
`ORDERED that the oral hearing, conducted pursuant to the
`procedures outlined above, shall commence at 1:00 PM (EDT) on September
`20, 2018.
`
`
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`
`
`
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`
`
`
`
`4
`
`
`
`IPR2017-01389, Patent 6,896,959 B2
`IPR2017-01390, Patent 7,115,331 B2
`PETITIONER:
`
`Paul Ragusa
`Eliot Williams
`Robert Scheinfeld
`Robert Maier
`Jessica Lin
`BAKER BOTTS LLP
`paul.ragusa@bakerbotts.com
`eliot.williams@bakerbotts.com
`robert.scheinfeld@bakerbotts.com
`robert.maier@baterbotts.com
`jessica.lin@bakerbotts.com
`
`PATENT OWNER:
`
`John T. McKee
`Kevin P.B. Johnson
`Joseph Milowic III
`Brett N. Watkins
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`johnmckee@quinnemanuel.com
`kevinjohnson@quinnemanuel.com
`josephmilowic@quinnemanuel.com
`brettwatkins@quinnemanuel.com
`
`
`
`
`5
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`
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