Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
` Paper No. 40
`Entered: July 25, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`SPACE DATA CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2018-00944 (Patent 9,632,503 B2)
`Case IPR2018-00945 (Patent 9,643,706 B2)
`Case IPR2018-00946 (Patent 9,632,503 B2)
` Case IPR2018-00947 (Patent 9,643,706 B2)1
`____________
`
`Before SCOTT A. DANIELS, BART A. GERSTENBLITH, and
`BRENT M. DOUGAL, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 We issue one Order and enter it in each proceeding.
`
`
`
`
`571-272-7822
`
`
`
`
`
`
` Paper No. 40
`Entered: July 25, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`SPACE DATA CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2018-00944 (Patent 9,632,503 B2)
`Case IPR2018-00945 (Patent 9,643,706 B2)
`Case IPR2018-00946 (Patent 9,632,503 B2)
` Case IPR2018-00947 (Patent 9,643,706 B2)1
`____________
`
`Before SCOTT A. DANIELS, BART A. GERSTENBLITH, and
`BRENT M. DOUGAL, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 We issue one Order and enter it in each proceeding.
`
`
`
`
`
`IPR2018-00944 (Patent 9,632,503 B2)
`IPR2018-00945 (Patent 9,643,706 B2)
`IPR2018-00946 (Patent 9,632,503 B2)
`IPR2018-00947 (Patent 9,643,706 B2)
`
`
`As set forth in the Board’s Conduct of the Proceeding Order, both
`parties agreed to change the date of oral argument (Due Date 7) from
`August 7, 2019, to August 29, 2019. Paper 25.2 Patent Owner and
`Petitioner requested oral argument. Papers 38, 39 (“Requests”). The
`Requests are granted.
`Oral argument will commence at 9:00 am Mountain Time on
`August 29, 2019, and will run from 9:00 am–2:00 pm Mountain Time
`(11:00 am–4:00 pm Eastern Time), inclusive of a one-hour break from
`11:00 am–12:00 pm Mountain Time. The hearing will be conducted in the
`Rocky Mountain Regional Office, on the 14th Floor of the Byron G. Rogers
`Federal Building, 1961 Stout Street, Denver, Colorado. The hearing will be
`open to the public for in-person attendance, which 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 official record of
`the hearing.
`Each party will have 120 minutes of total argument time. At oral
`hearing, Petitioner will open the hearing by presenting its arguments,
`including arguments for any of its motions. Thereafter, Patent Owner may
`argue its opposition to Petitioner’s arguments and any of its motions. Each
`party may reserve time for rebuttal. Each party may allocate its time with
`respect to the four cases in a manner of its choosing. Petitioner bears the
`ultimate burden of proof that the claims at issue in these reviews are
`unpatentable.
`
`
`2 Citations are to IPR2018-00944 unless otherwise indicated.
`
`
`
`2
`
`
`
`IPR2018-00944 (Patent 9,632,503 B2)
`IPR2018-00945 (Patent 9,643,706 B2)
`IPR2018-00946 (Patent 9,632,503 B2)
`IPR2018-00947 (Patent 9,643,706 B2)
`
`
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). The parties shall file their
`demonstrative exhibits at the Board at least five (5) business days before the
`hearing to facilitate the panel’s preparation. A hard copy of the
`demonstratives should be provided to the court reporter at the oral argument.
`The pages of each demonstrative should be numbered. Demonstratives are
`not evidence and should be clearly marked as such. For example, each slide
`of a demonstrative may be marked with the words “DEMONSTRATIVE –
`NOT EVIDENCE” in the footer. The parties are reminded that the presenter
`must identify clearly and specifically each demonstrative (e.g., by slide or
`screen number) referenced during the oral argument to ensure the clarity and
`accuracy of the transcript.
`Demonstratives cannot be used to advance arguments or introduce
`evidence not previously presented in the record. See Dell Inc. v. Acceleron,
`LLC, 884 F.3d 1364, 1369 (Fed. Cir. 2018) (noting that the “Board was
`obligated to dismiss [the petitioner’s] untimely argument . . . raised for the
`first time during oral argument”).
`The parties should strive to resolve any disagreement regarding
`demonstratives before involving the Board. If, however, the parties are
`unable to resolve their disagreement, either party may submit an objection to
`the demonstratives with the Board if filed at least five business days before
`the hearing. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived. The objections should identify with
`particularity which demonstratives are subject to objection, and include a
`
`3
`
`
`
`IPR2018-00944 (Patent 9,632,503 B2)
`IPR2018-00945 (Patent 9,643,706 B2)
`IPR2018-00946 (Patent 9,632,503 B2)
`IPR2018-00947 (Patent 9,643,706 B2)
`
`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 they will be discussed at the pre-hearing conference, if
`necessary. Otherwise, the Board will reserve ruling on the objections until
`after the oral argument.
`Additionally, the Board has scheduled a pre-hearing conference with
`the parties for 2:00 pm ET on August 27, 2019.
`Two members of the panel hearing these cases will attend the hearing
`remotely, by video and audio link. The parties are reminded that, during the
`hearing, the presenter must identify clearly and specifically each
`demonstrative exhibit referenced (e.g., by slide or screen number) to ensure
`the clarity and accuracy of the reporter’s transcript, and to ensure that the
`remote judges can follow the argument even if the video connection is
`disrupted. The parties are requested to speak directly into the microphone,
`including during initial introduction of counsel.
`If either party anticipates that its lead counsel will not attend the
`hearing, the party should notify the Board no later than two business days
`prior to the hearing. Any counsel of record may present a party’s argument.
`Either party’s argument may be divided, but interruptions for change of
`counsel should be kept to a minimum.
`Furthermore, the parties request permission to use certain audiovisual
`equipment. Papers 38, 39. The parties are allowed to use computers, but
`any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. A party may also indicate any special requests related to
`appearing at an in-person oral hearing, such as a request to accommodate
`
`4
`
`
`
`IPR2018-00944 (Patent 9,632,503 B2)
`IPR2018-00945 (Patent 9,643,706 B2)
`IPR2018-00946 (Patent 9,632,503 B2)
`IPR2018-00947 (Patent 9,643,706 B2)
`
`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. If the request is not received timely, the
`equipment may not be available on the day of the hearing.
`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 USPTO headquarters in Alexandria, Virginia;
`the Texas Regional Office in Dallas, Texas; the Elijah J. McCoy Midwest
`Regional Office in Detroit, Michigan; and the Silicon Valley Office in San
`Jose, CA. 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 of attendees 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.
`Accordingly, it is
`ORDERED that oral argument for these proceedings shall take place
`beginning at 9:00 am Mountain Time on August 29, 2019, on the 14th Floor
`of the Byron G. Rogers Federal Building, 1961 Stout Street, Denver,
`Colorado.
`
`
`
`
`5
`
`
`
`IPR2018-00944 (Patent 9,632,503 B2)
`IPR2018-00945 (Patent 9,643,706 B2)
`IPR2018-00946 (Patent 9,632,503 B2)
`IPR2018-00947 (Patent 9,643,706 B2)
`
`For PETITIONER:
`Russell W. Faegenburg
`Orville Cockings
`Kendall K. Gurule
`LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP
`litigation@lernerdavid.com
`Rfaegenburg@ lernerdavid.com
`ocockings@lernerdavid.com
`Kgurule@lernerdavid.com
`
`
`FOR PATENT OWNER:
`
`Charles F. Wieland III
`Erin M. Dunston
`Stephany G. Small
`Christopher L. North
`BUCHANAN INGERSOLL & ROONEY PC
`charles.wieland@bipc.com
`erin.dunston@bipc.com
`stephany.small@bipc.com
`christopher.north@bipc.com
`
`6
`
`
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