Paper 31
`Entered: August 22, 2018
`
`Trials@uspto.gov
`571–272–7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR CORPORATION and AISIN SEIKI CO., LTD.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01494 (Patent 7,683,509)
`Case IPR2017-01495 (Patent 7,928,348)
`____________
`
`Before KRISTEN L. DROESCH, JOHN A. HUDALLA, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`Entered: August 22, 2018
`
`Trials@uspto.gov
`571–272–7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR CORPORATION and AISIN SEIKI CO., LTD.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01494 (Patent 7,683,509)
`Case IPR2017-01495 (Patent 7,928,348)
`____________
`
`Before KRISTEN L. DROESCH, JOHN A. HUDALLA, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`IPR2017-01494 (Patent 7,683,509)
`IPR2017-01495 (Patent 7,928,348)
`
`
`In IPR2017-01494 (“the –1494 IPR”), we instituted an inter partes
`review proceeding as to challenged claims 1, 2, 14, and 15 of U.S. Patent
`No. 7,683,509 (“the ’509 patent”). –1494 IPR, Paper 10.
`In IPR2017-01495 (“the –1495 IPR”), we instituted an inter partes
`review proceeding as to challenged claims 24–27 of U.S. Patent
`No. 7,928,348 (“the ’348 patent”). –1495 IPR, Paper 12.
`The Scheduling Orders for these proceedings provided that an oral
`hearing would be conducted if requested by the parties and granted by the
`Board. –1494 IPR, Papers 11, 20; –1495 IPR, Papers 13, 21. Both sides
`requested oral argument for these proceedings, pursuant to 37 C.F.R.
`§ 42.70(a). –1494 IPR, Papers 27, 28; –1495 IPR, Papers 27, 28. The
`parties’ requests are granted.
`Relevant to the oral argument for these proceedings, IPR2017-01538
`(“the –1538 IPR”) also concerns the ’348 patent; IPR2017-01539 (“the
`–1539 IPR”) also concerns the ’509 patent; and IPR2017-01537 (“the –1537
`IPR”) concerns U.S. Patent No. 7,154,200 (“the ’200 patent”), which is also
`owned by Patent Owner. The petitioner entity in those proceedings is the
`instant Petitioner (Toyota Motor Corp. and Aisin Seiki Co., Ltd.) and
`American Honda Motor Co., Inc.1 The oral argument scheduled pursuant to
`this Order will also address the –1537, –1538, and –1539 IPR proceedings.
`A similar Hearing Order is being entered in those proceedings.
`A combined hearing will commence at 9:00 AM Eastern Time on
`September 18, 2018, and will be open to the public for in-person attendance
`
`
`1 American Honda Motor Co., Inc. was joined as a petitioner, on its Motion,
`through joinder of IPR2018-00442 with the –1537 IPR, IPR2018-00443
`with the –1538 IPR, and IPR2018-00444 with the –1539 IPR.
`2
`
`
`
`
`
`IPR2017-01494 (Patent 7,683,509)
`IPR2017-01495 (Patent 7,928,348)
`
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance will be accommodated on a first-come, first-
`served basis.2 We will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing.
`Patent Owner does not request a specific amount of oral argument
`time. –1494 IPR, Paper 27; –1495 IPR, Paper 27. Petitioner requests
`30 minutes of combined oral argument time for the –1494 IPR and –1539
`IPR, which concern the ’509 patent. –1494 IPR, Paper 28, 2; –1495 IPR,
`Paper 28, 2. Petitioner also requests 30 minutes of combined oral argument
`time for the –1495 IPR and –1538 IPR, which concern the ’348 patent. Id.
`Finally, Petitioner requests 30 minutes of oral argument time for the –1537
`IPR, which concerns the ’200 patent. Id.
`We have reviewed the issues that the parties intend to address in these
`proceedings and, consistent with Petitioner’s request, we determine that each
`party should be afforded a total of 30 minutes of total argument time per
`patent. In other words, Petitioner will have a total of 30 minutes to address
`the –1494 and –1539 IPR proceedings related to the ’509 patent; a total of
`30 minutes to address the –1495 and –1538 IPR proceedings related to the
`’348 patent; and a total of 30 minutes to address the –1537 IPR proceeding
`related to the ’200 patent. Patent Owner will have the same allocation of
`time. This affords three hours of total argument time (1.5 hours per side) to
`address the three patents.
`
`
`2 Petitioner requests that space be reserved for twenty attendees. See, e.g.,
`–1494 IPR, Paper 28, 2. At this time, the oral argument is scheduled to be
`conducted in Hearing Room A, which is the largest room available.
`3
`
`
`
`
`
`IPR2017-01494 (Patent 7,683,509)
`IPR2017-01495 (Patent 7,928,348)
`
`
`The panel anticipates, but does not guarantee, that we will first hear
`argument on the ’509 patent, followed by argument on the ’348 patent, then
`followed by argument on the ’200 patent.
`Petitioner bears the ultimate burden of proof that the challenged
`claims are unpatentable. 35 U.S.C. § 316(e). Therefore, for each patent
`addressed during the hearing, Petitioner will present its case regarding the
`challenged claims for which the Board instituted trial. After Petitioner’s
`presentation, Patent Owner may respond to Petitioner’s argument. Petitioner
`may reserve time for rebuttal, out of its allotted time, to respond to argument
`presented by Patent Owner. Patent Owner may also reserve time for sur-
`rebuttal, out of its allotted time. We will use this process for argument on
`each patent.
`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 five (5) business days before the
`hearing date. 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 shall meet and confer to
`discuss any objections to demonstrative exhibits at least three (3) business
`days before the hearing. If any issues regarding demonstratives remain
`unresolved after the parties meet and confer, the parties shall file jointly a
`one-page list of objections to the demonstrative exhibits at least two (2)
`business days before the hearing. For each objection, the list must identify
`with particularity the demonstratives subject to the objection and include a
`short, one-sentence statement explaining the objection. We will consider the
`objections and schedule a conference call if necessary. Regardless of
`
`
`
`4
`
`
`
`IPR2017-01494 (Patent 7,683,509)
`IPR2017-01495 (Patent 7,928,348)
`
`whether the propriety of any demonstrative exhibit is disputed by either
`party, we consider demonstrative exhibits only to the extent (1) they
`elucidate the parties’ arguments presented during the hearing and (2) they
`include only arguments and/or evidence already of record in the
`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).
`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.
`We expect 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.
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2017-01494 (Patent 7,683,509)
`IPR2017-01495 (Patent 7,928,348)
`
`PETITIONER:
`
`Joshua Goldberg
`James Barney
`Thomas Winland
`Alyssa Holtslander
`Joshua.goldberg@finnegan.com
`James.barney@finnegan.com
`Tom.winland@finnegan.com
`Alyssa.holtslander@finnegan.com
`
`Robert Mattson
`John Kern
`Lisa Mandrusiak
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`cpdocketmattson@oblon.com
`cpdocketkern@oblon.com
`cpdocketmandrusiak@oblon.com
`
`
`PATENT OWNER:
`
`John R. King
`Ted M. Cannon
`Bridget Smith
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2jrk@knobbe.com
`2tmc@knobbe.com
`2bzs@knobbe.com
`
`Tim Seeley
`James Hietala
`tims@intven.com
`jhietala@intven.com
`
`
`
`
`6
`
`
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