Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 44
`Entered: January 22, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`HYTERA COMMUNICATIONS CORP. LTD.,
`Petitioner,
`
`v.
`
`MOTOROLA SOLUTIONS, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-02183
`Patent 8,279,991 B2
`____________
`
`
`
`Before TREVOR M. JEFFERSON, DANIEL N. FISHMAN, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`The date set for oral hearing in this proceeding is February 8, 2019, if
`hearing is requested by either party and granted by the Board. Paper 8, 8.
`Both parties request oral hearing. Papers 39, 41. The requests are granted.
`
`
`571-272-7822
`
`
`
`
`
`Paper 44
`Entered: January 22, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`HYTERA COMMUNICATIONS CORP. LTD.,
`Petitioner,
`
`v.
`
`MOTOROLA SOLUTIONS, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-02183
`Patent 8,279,991 B2
`____________
`
`
`
`Before TREVOR M. JEFFERSON, DANIEL N. FISHMAN, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`The date set for oral hearing in this proceeding is February 8, 2019, if
`hearing is requested by either party and granted by the Board. Paper 8, 8.
`Both parties request oral hearing. Papers 39, 41. The requests are granted.
`
`
`
`IPR2017-02183
`Patent 8,279,991 B2
`
`
`Each side will have 60 minutes, total, to present its argument.
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`issue in this review are unpatentable. Accordingly, 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 time to respond to
`Patent Owner’s argument. Patent Owner may not reserve time.
`The hearing will commence at 10 AM Eastern Time on February 8,
`2019, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. The Board will provide a court reporter for the
`hearing and the reporter’s transcript will constitute the official record of the
`hearing. At least one member of the panel may be attending the oral
`argument remotely by use of two-way audio-visual communication
`equipment. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis. If the parties
`have any concern about disclosing confidential information, they are
`requested to contact the Board at least 10 days in advance of the hearing to
`discuss the matter.
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed. The parties shall meet and confer to discuss and resolve any
`objections to demonstrative exhibits.
`Any party with unresolved objections must file a list of those
`objections with the Board at least two business days before the hearing. For
`each objection, the list must identify with particularity, which portions of the
`2
`
`
`
`IPR2017-02183
`Patent 8,279,991 B2
`
`demonstrative exhibits are subject to the objection and may include a short,
`one-sentence statement explaining the 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. Any objection to demonstrative exhibits
`not timely presented will be considered waived.
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`be served at least seven business days before the hearing date. The parties
`shall also provide a courtesy copy of any demonstrative exhibits to the
`Board at least two business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this proceeding without prior authorization from the Board. A hard copy of
`the demonstratives should be provided to the court reporter at the hearing,
`but hard copies of the demonstratives are not needed for the judges.
`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. Demonstrative exhibits are not evidence
`and may not introduce new evidence or arguments. Instead, demonstrative
`exhibits should cite to evidence in the record. 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 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 expects that its lead counsel will not be attending
`3
`
`
`
`IPR2017-02183
`Patent 8,279,991 B2
`
`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.
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five days before
`the hearing directed to the above email address.
`
`
`4
`
`
`
`IPR2017-02183
`Patent 8,279,991 B2
`
`PETITIONER
`Joshua L. Goldberg
`E. Robert Yoches
`Rachel L. Emsley
`David C. Reese
`Yanbin Xu, Ph.D.
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P
`joshua.goldberg@finnegan.com
`bob.yoches@finnegan.com
`rachel.emsley@finnegan.com
`david.reese@finnegan.com
`yanbin.xu@finnegan.com
`
`Todd R. Tucker
`Mark W. McDougall
`Kyle T. Deighan
`Joshua A. Friedman
`Yizhou Liu
`Calfee, Halter & Griswold LLP
`ttucker@calfee.com
`mmcdougall@calfee.com
`kdeighan@calfee.com
`jfriedman@calfee.com
`bliu@calfee.com
`
`PATENT OWNER
`Jon R. Carter
`Eugene Goryunov
`Michael W. De Vries
`Akshay S. Deoras
`KIRKLAND & ELLIS LLP
`jon.carter@kirkland.com
`eugene.goryunov@kirkland.com
`michael.devries@kirkland.com
`akshay.deoras@kirkland.com
`
`
`5
`
`
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