Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
` Paper 33
` Entered: January 31, 2019
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`HUAWEI DEVICE CO., LTD.,
`Petitioner,
`
`v.
`
`MAXELL, LTD.,
`Patent Owner.
`
`
`Case IPR2018-00233
`Patent 6,754,440 B2
`
`
`
`Before MINN CHUNG, TERRENCE W. McMILLIN, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
` Paper 33
` Entered: January 31, 2019
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`HUAWEI DEVICE CO., LTD.,
`Petitioner,
`
`v.
`
`MAXELL, LTD.,
`Patent Owner.
`
`
`Case IPR2018-00233
`Patent 6,754,440 B2
`
`
`
`Before MINN CHUNG, TERRENCE W. McMILLIN, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2018-00233
`Patent 6,754,440 B2
`
`
`Petitioner and Patent Owner each request an oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 26, 27. Petitioner requests 45 minutes of total
`argument time (Paper 26, 1), and Patent Owner requests 30 minutes of
`argument time for its argument (Paper 27, 1). The parties’ requests for oral
`hearing are GRANTED.
`Each party will have 30 minutes of total argument time. Petitioner
`bears the ultimate burden of proof that the claims at issue in this review are
`unpatentable. Petitioner will, therefore, begin by presenting its case
`regarding the challenged claims and grounds on which we instituted trial.
`Patent Owner will then respond to Petitioner’s arguments and present
`argument on Patent Owner’s Motion to Exclude (Paper 30). Petitioner may
`reserve time to reply to arguments presented by Patent Owner. Finally,
`Patent Owner may request to reserve time to present a brief sur-rebuttal.
`The hearing shall commence at 1:00 p.m. (PST) on February 21, 2019
`at the Silicon Valley Regional Office, Third Floor, 26 S. Fourth Street, San
`Jose, California 95113. The hearing will be open to the public for in-person
`attendance. 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. The parties also shall
`provide the demonstrative exhibits to the Board at least three 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.
`
`
`
`2
`
`
`
`IPR2018-00233
`Patent 6,754,440 B2
`
`
`The Board reminds the parties that demonstrative exhibits are not
`evidence, but are intended to assist the parties in presenting their oral
`arguments to the Board. The Board also reminds the parties that
`demonstrative exhibits are not a mechanism for making arguments not
`previously addressed in the papers. 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.
`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 three 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, or the Board may reserve ruling on the objections until
`the hearing or after the hearing. Any objection to demonstrative exhibits
`that is not timely presented will be considered waived. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`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
`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.
`
`
`
`3
`
`
`
`IPR2018-00233
`Patent 6,754,440 B2
`
`
`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 five business 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 p.m. (PST) on
`February 21, 2019 at the Silicon Valley Regional Office, Third Floor,
`26 S. Fourth Street, San Jose, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2018-00233
`Patent 6,754,440 B2
`
`PETITIONER:
`Peter Chen
`David Garr
`Greg Discher
`Anupam Sharma
`COVINGTON & BURLING LLP
`pchen@cov.com
`dgarr@cov.com
`gdischer@cov.com
`asharma@cov.com
`
`PATENT OWNER:
`Robert Pluta
`Amanda Bonner
`Saqib Siddiqui
`Bryan Nese
`MAYER BROWN, LLP
`rpluta@mayerbrown.com
`asbonner@mayerbrown.com
`ssiddiqui@mayerbrown.com
`bnese@mayerbrown.com
`
`
`
`
`5
`
`
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