`571.272.7822
`
`
`
` Paper No. 38
`
` Entered: February 25, 2019
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SZ DJI TECHNOLOGY CO., LTD. and PARROT INC.,
`Petitioners,
`
`v.
`
`DRONE-CONTROL, LLC,
`Patent Owner.1
`____________
`
`Case IPR2018-00204 (Patent 8,200,375 B2)
`Case IPR2018-00205 (Patent 8,380,368 B2)
`Case IPR2018-00206 (Patent 8,649,918 B2)
`Case IPR2018-00207 (Patent 9,079,116 B2)
`Case IPR2018-00208 (Patent 9,568,913 B2)
`____________
`
`Before PATRICK R. SCANLON, FRANCES L. IPPOLITO, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`1 Synergy Drone LLC was previously listed as Patent Owner in these
`proceedings. See, e.g., Case IPR2018-00204, Paper 18 (Patent Owner
`Response). Patent Owner filed updated mandatory notices indicating that
`Drone-Control, LLC is the Patent Owner. See Case IPR2018-00204, Paper
`32, 1. Drone-Control, LLC is represented by the same counsel that
`previously represented Synergy Drone LLC in these proceedings. Id. at 2.
`
`
`
`
`
`IPR2018-00204 (Patent 8,200,375 B2)
`IPR2018-00205 (Patent 8,380,368 B2)
`IPR2018-00206 (Patent 8,649,918 B2)
`IPR2018-00207 (Patent 9,079,116 B2)
`IPR2018-00208 (Patent 9,568,913 B2)
`
`
`As permitted by the Hearing Order in these cases (see Paper 28, 4),2
`the parties filed a Joint List of Objections to Demonstratives. See Paper 35.
`
`The Joint List indicates that Patent Owner intends to use toy
`helicopters as physical demonstratives at the hearing, and that Petitioners
`object to these physical demonstratives because they were not discussed in
`briefing, and because Petitioners are unaware of how Patent Owner will
`characterize them. Id. at 1; see also Ex. 2007 (photograph of toy helicopter
`Patent Owner seeks to use at hearing). Patent Owner will be permitted to
`make use of these physical demonstratives to illustrate background
`technological concepts. However, we remind Patent Owner that two of the
`three members of the panel will be participating in the hearing remotely via
`video link. As such, Patent Owner may wish to reconsider whether the use
`of these physical demonstratives is the most effective manner for
`communicating background concepts. See Trial Practice Guide August 2018
`Update, p. 21 (“The Board has found that elaborate demonstrative exhibits
`are more likely to impede than help an oral argument.”).3 We also reiterate
`that the physical demonstratives are not evidence in the proceedings, will not
`be relied on in the Final Decisions, and cannot be used to introduce new
`arguments or evidence that are not already presented in the briefing. See id.
`(“Demonstrative exhibits used at the final hearing are aids to oral argument
`
`
`2 For simplicity, this Order cites only to the papers in Case IPR2018-00204.
`The other proceedings include similar or identical papers.
`3 Available at www.uspto.gov/sites/default/files/documents/2018_Revised_
`Trial_Practice_Guide.pdf.
`
`2
`
`
`
`IPR2018-00204 (Patent 8,200,375 B2)
`IPR2018-00205 (Patent 8,380,368 B2)
`IPR2018-00206 (Patent 8,649,918 B2)
`IPR2018-00207 (Patent 9,079,116 B2)
`IPR2018-00208 (Patent 9,568,913 B2)
`
`
`and not evidence . . . . Demonstrative exhibits cannot be used to advance
`arguments or introduce evidence not previously presented in the record.”).
`The Joint List also reflects other objections from the parties to the
`other party’s slides. See Paper 35, 1. After considering these objections, we
`do not require the parties to make any changes to their slides in advance of
`the hearing. In rendering our Final Decisions, however, we will bear these
`objections in mind as we consider whether the arguments presented at the
`hearing were adequately briefed before the hearing.
`
`
`
`3
`
`
`
`IPR2018-00204 (Patent 8,200,375 B2)
`IPR2018-00205 (Patent 8,380,368 B2)
`IPR2018-00206 (Patent 8,649,918 B2)
`IPR2018-00207 (Patent 9,079,116 B2)
`IPR2018-00208 (Patent 9,568,913 B2)
`
`
`
`PETITIONER:
`Stephen Kabakoff
`Joshua Goldberg
`Qingyu Yin
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER LLP
`stephen.kabakoff@finnegan.com
`joshua.goldberg@finnegan.com
`qingyu.yin@finnegan.com
`
`Matthew Traupman
`Jim Glass
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`matthewtraupman@quinnemanuel.com
`jimglass@quinnemanuel.com
`
`
`PATENT OWNER:
`Jeffrey Toler
`Aakash Parekh
`Craig Jepson
`TOLER LAW GROUP, PC
`jtoler@tlgiplaw.com
`aparekh@tlgiplaw.com
`cjepson@tlgiplaw.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
