Trials@uspto.gov
`Tel: 571.272.7822
`
`
`
`Paper No. 23
`Entered: July 1, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FEIT ELECTRIC COMPANY, INC.,
`Petitioner,
`
`v.
`
`SIGNIFY HOLDING B.V. f/k/a PHILIPS LIGHTING HOLDING B.V.,1
`Patent Owner.
`
`Case IPR2018-00921
`Patent 6,586,890 B2
`
`
`
`
`
`
`
`
`
`Before TREVOR M. JEFFERSON, MIRIAM L. QUINN, and
`JASON M. REPKO, Administrative Patent Judges.
`
`REPKO, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`1 Philips Lighting Holding B.V. changed its name to Signify Holding B.V.,
`effective February 1, 2019. Paper 14.
`
`
`Tel: 571.272.7822
`
`
`
`Paper No. 23
`Entered: July 1, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FEIT ELECTRIC COMPANY, INC.,
`Petitioner,
`
`v.
`
`SIGNIFY HOLDING B.V. f/k/a PHILIPS LIGHTING HOLDING B.V.,1
`Patent Owner.
`
`Case IPR2018-00921
`Patent 6,586,890 B2
`
`
`
`
`
`
`
`
`
`Before TREVOR M. JEFFERSON, MIRIAM L. QUINN, and
`JASON M. REPKO, Administrative Patent Judges.
`
`REPKO, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`1 Philips Lighting Holding B.V. changed its name to Signify Holding B.V.,
`effective February 1, 2019. Paper 14.
`
`
`
`IPR2018-00921
`Patent 6,586,890 B2
`
`
`Patent Owner has requested an oral hearing in this proceeding
`
`pursuant to 37 C.F.R. § 42.70. See Paper 22. Petitioner has not. The
`
`deadline for requesting a hearing has passed. We grant Patent Owner’s
`
`request.
`
`Oral hearing will commence at 1:00 PM ET on July 24, 2019, on the
`
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. The hearings will be open to the public for in-person attendance
`
`that will be accommodated on a first-come, first-served basis. The Board
`
`will provide a court reporter for the hearing and the reporter’s transcript will
`
`constitute the hearing’s official record. Each party will have thirty minutes
`
`of total time to present arguments in this case.
`
`Petitioner will open the hearing by presenting its case regarding the
`
`challenged claims for which we instituted trial. Patent Owner will follow.
`
`Petitioner and Patent Owner may reserve rebuttal time.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`seven business days before the hearing. They shall be filed at the Board
`
`before the hearing. It is preferred that the demonstrative exhibits be filed
`
`before 5:00 pm ET on July 23, 2019, to ensure the judges have access to
`
`those in advance of the hearing. The parties must initiate a conference call
`
`with the Board by two business days prior to the hearing to resolve any
`
`dispute over the propriety of each party’s demonstrative exhibits. Any
`
`dispute over the propriety of demonstrative exhibits that is not timely
`
`presented two business days prior to the hearing will be considered waived.
`
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`
`Licensing, LLC, IPR2013-00033, Paper 118 (PTAB Oct. 23, 2013) regarding
`
`the appropriate content of demonstrative exhibits. We will consider the
`
`2
`
`
`
`IPR2018-00921
`Patent 6,586,890 B2
`
`objections and schedule a conference call if necessary. Otherwise, we will
`
`reserve ruling on the objections. Any objection to demonstrative exhibits
`
`that is not presented timely will be considered waived.
`
`The parties are reminded that the presenter must identify clearly and
`
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`
`referenced during each 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 as long as that counsel is present in person. If either party expects
`
`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
`
`(2) business days prior to the oral hearing to discuss the matter.
`
`A party may request remote video attendance for one or more of its
`
`other attendees to view the hearing from any USPTO location. The
`
`available locations include the the Texas Regional Office in Dallas, Texas;
`
`the Rocky Mountain Regional Office in Denver, Colorado; the Elijah J.
`
`McCoy Midwest Regional Office in Detroit, Michigan; and the Silicon
`
`Valley Office in San Jose, California. To request remote video viewing, a
`
`party must send an email message to Trials@uspto.gov ten business days
`
`prior to the hearing, indicating the requested location and the number
`
`planning to view the hearing from the remote location. The Board will
`
`notify the parties if the request for video viewing is granted. Note that it
`
`may not be possible to grant the request due to the availability of resources.
`
`Any special requests for audio-visual equipment should be directed to
`
`Trials@uspto.gov. A party may also indicate any special requests related to
`
`3
`
`
`
`IPR2018-00921
`Patent 6,586,890 B2
`
`appearing at an in-person oral hearing, such as a request to accommodate
`
`physical needs that limit mobility or visual or hearing impairments, and
`
`indicate how the PTAB may accommodate the special request. Any special
`
`requests must be presented in a separate communication not less than five
`
`(5) days before the hearing.
`
`
`
`
`
`Accordingly, it is
`
`ORDERED that oral argument will commence at 1:00 PM ET on
`
`July 24, 2019, on the ninth floor of Madison Building East, 600 Dulany
`
`Street, Alexandria, Virginia.
`
`
`
`
`
`4
`
`
`
`IPR2018-00921
`Patent 6,586,890 B2
`
`PETITIONER:
`
`Michael D. Specht
`Joseph E. Mutschelknaus
`Daniel Yonan
`STERNE, KESSLER, GOLDSTEIN & FOX
`mspecht-PTAB@sternekessler.com
`jmutsche-PTAB@sternekessler.com
`dyonan-PTAB@sternekessler.com
`
`PATENT OWNER:
`
`C. Brandon Rash
`Kenie Ho
`Forrest A. Jones
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`brandon.rash@finnegan.com
`kenie.ho@finnegan.com
`forrest.jones@finnegan.com
`
`
`5
`
`
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