Trials@uspto.gov
`571-272-7822
`
`
`Paper 30
`Entered: August 1, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RPX CORP., ERICSSON INC., AND
`TELEFONAKTIEBOLAGET LM ERICSSON,
`Petitioner,
`
`v.
`
`IRIDESCENT NETWORKS, INC.,
`Patent Owner.
`
`__________________________
`
`Case IPR2017-01661 (Patent 8,036,119 B2)
`Case IPR2017-01662 (Patent 8,036,119 B2)
`Case IPR2018-00254 (Patent 7,639,612 B2)1
`
`
`
`
`
`
`
`Before THOMAS L. GIANNETTI, MATTHEW R. CLEMENTS, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 This Order addresses an issue pertaining to the listed cases. We exercise
`our discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`571-272-7822
`
`
`Paper 30
`Entered: August 1, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RPX CORP., ERICSSON INC., AND
`TELEFONAKTIEBOLAGET LM ERICSSON,
`Petitioner,
`
`v.
`
`IRIDESCENT NETWORKS, INC.,
`Patent Owner.
`
`__________________________
`
`Case IPR2017-01661 (Patent 8,036,119 B2)
`Case IPR2017-01662 (Patent 8,036,119 B2)
`Case IPR2018-00254 (Patent 7,639,612 B2)1
`
`
`
`
`
`
`
`Before THOMAS L. GIANNETTI, MATTHEW R. CLEMENTS, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 This Order addresses an issue pertaining to the listed cases. We exercise
`our discretion to issue one Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`Case IPR2017-01661 (Patent 8,036,119 B2)
`Case IPR2017-01662 (Patent 8,036,119 B2)
`Case IPR2018-00254 (Patent 7,639,612 B2)
`
`
`RPX corp., Ericsson Inc., and Telefonaktiebolaget LM Ericsson
`
`(“Petitioner”) and Iridescent Networks, Inc. (“Patent Owner”) requested a
`
`hearing in each of the above listed proceedings pursuant to 37 C.F.R.
`
`§ 42.70. See Case IPR2017-01661, Papers 25, 26; Case IPR2017-01662
`
`Papers 28, 29; Case IPR2018-00251 Papers 15, 16. The requests are
`
`granted.
`
`These proceedings will be heard on September 24, 2018, beginning at
`
`1:00 PM Eastern Time on the ninth floor of Madison Building East, 600
`
`Dulany Street, Alexandria, VA. We will first hold a consolidated hearing
`
`for IPR2017-01662 and IPR2018-00254 (each party will have 60 minutes of
`
`argument time). Following a short recess, we will then hear IPR2017-01661
`
`(each party will have 45 minutes of argument time).
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`claims at issue in each review are unpatentable. Therefore, for each hearing,
`
`Petitioner will open the hearing by presenting its case regarding the
`
`challenged claims for which the Board instituted trial. After Petitioner’s
`
`presentation, Patent Owner will respond to Petitioner’s argument. Petitioner
`
`may reserve rebuttal time to respond to arguments presented by Patent
`
`Owner.
`
`The parties are reminded that under 37 C.F.R. § 42.70(b),
`
`demonstrative exhibits must be served at least seven business days before
`
`the hearing date. 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.
`
`
`
`2
`
`
`
`Case IPR2017-01661 (Patent 8,036,119 B2)
`Case IPR2017-01662 (Patent 8,036,119 B2)
`Case IPR2018-00254 (Patent 7,639,612 B2)
`
`
`The parties must file any objections to the demonstratives with the
`
`Board at least two business days before the hearing. Any objection to
`
`demonstrative exhibits that is not presented timely will be considered
`
`waived. The objections should identify with particularity which
`
`demonstratives are subject to objection and include a short (one sentence or
`
`less) statement of the reason for each objection. No argument or further
`
`explanation is permitted. The Board will consider the objections and
`
`schedule a conference if deemed necessary. Otherwise, the Board will
`
`reserve ruling on the objections until after the oral argument. The parties are
`
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`
`Regents of the University of Michigan, Case IPR2013-00041 (PTAB Jan. 27,
`
`2014) (Paper 65), for guidance regarding the appropriate content of
`
`demonstrative exhibits. No live testimony from any witness will be taken at
`
`the oral argument.
`
`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 parties also should note that at least one member
`
`of the panel will be attending the hearing electronically from a remote
`
`location and that if a demonstrative exhibit is not filed or otherwise made
`
`fully available or visible to the judge(s) presiding over the hearing remotely,
`
`that demonstrative exhibit will not be considered. The judge(s) presiding
`
`remotely will not be able to view the screen in the hearing room.
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`
`
`3
`
`
`
`Case IPR2017-01661 (Patent 8,036,119 B2)
`Case IPR2017-01662 (Patent 8,036,119 B2)
`Case IPR2018-00254 (Patent 7,639,612 B2)
`
`equipment must be made 5 days in advance of the hearing date. The
`
`request is to be sent 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 at the oral
`
`hearing, although any counsel of record may make the actual presentation.
`
`If either party anticipates that its lead counsel will not be 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.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2017-01661 (Patent 8,036,119 B2)
`Case IPR2017-01662 (Patent 8,036,119 B2)
`Case IPR2018-00254 (Patent 7,639,612 B2)
`
`PETITIONER:
`
`Andrew Lowes
`Andrew.lowes.ipr@haynesboone.com
`
`Adam Fowles
`Adam.fowles.ipr@haynesboone.com
`
`John Emerson
`Russ.emerson@haynesboone.com
`
`Clint Wilkins
`Clint.wilkins.ipr@haynesboone.com
`
`
`PATENT OWNER:
`
`Robert Brunelli
`rbrunelli@sheridanross.com
`
`Jason Vick
`jvick@sheridanross.com
`
`
`
`
`
`5
`
`
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