Trials@uspto.gov Paper 23
`571.272.7822 Entered: August 6, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MOBILE TECH, INC.,
`Petitioner,
`
`v.
`
`INVUE SECURITY PRODUCTS INC.,
`Patent Owner.
`________________
`
`Case IPR2018-01138
`Patent 9,659,472 B2
`
`
`
`
`
`
`Before JUSTIN T. ARBES, STACEY G. WHITE, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`571.272.7822 Entered: August 6, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MOBILE TECH, INC.,
`Petitioner,
`
`v.
`
`INVUE SECURITY PRODUCTS INC.,
`Patent Owner.
`________________
`
`Case IPR2018-01138
`Patent 9,659,472 B2
`
`
`
`
`
`
`Before JUSTIN T. ARBES, STACEY G. WHITE, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`IPR2018-01138
`Patent 9,659,472 B2
`
`The parties have requested oral hearing pursuant to 37 C.F.R. § 42.70
`
`and the Scheduling Order in this proceeding (Paper 13). Papers 20, 21.
`Patent Owner requests that each side be allotted thirty (30) minutes for
`argument. Paper 21, 1. These requests for oral hearing are granted as
`provided below.
`
`Time and Format
`Oral argument will begin at 1:00 PM Central Time on August 29,
`
`2019, at the Texas Regional Office of the USPTO, 207 South Houston
`Street, Suite 159, Dallas, Texas 75202. The hearing will be open to the
`public for in-person attendance, which will be accommodated on a first
`come, first served basis.
`Each party will have thirty (30) minutes total time to present its
`
`arguments in the above-captioned proceeding. Petitioner bears the ultimate
`burden of persuasion that the claims at issue in this proceeding are
`unpatentable. 35 U.S.C. § 316(e). Petitioner will proceed first to present its
`case with regard to the claims and grounds on which trial was instituted.
`Petitioner may reserve no more than half of its time for rebuttal. Thereafter,
`Patent Owner may respond to Petitioner’s case and may reserve some of its
`time for sur-rebuttal. Petitioner then may use any of its remaining time for
`rebuttal regarding the challenged claims. Patent Owner may then present a
`brief sur-rebuttal, if requested.
`
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. No live
`testimony from any witness will be taken at the oral argument. Any counsel
`of record may present the party’s argument.
`
`
`
`IPR2018-01138
`Patent 9,659,472 B2
`
`
`Demonstratives
`Under 37 C.F.R. § 42.70(b), any demonstrative exhibits must be
`
`served on opposing counsel at least seven (7) business days before the
`hearing. Any argument presented in the demonstrative exhibits must be
`supported by evidence already of record. The demonstrative exhibits,
`however, are not evidence. Instead, they are intended to assist the parties in
`presenting their oral arguments to the Board. Also, the demonstrative
`exhibits are not a mechanism for making arguments not previously
`presented. The panel will not consider arguments or evidence appearing
`only in demonstrative exhibits. 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 January 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits. In
`general, if the content on a slide cannot be readily associated with an
`argument made, or evidence referenced, in a substantive paper, it is
`inappropriate. The best practice is to indicate on each slide where support
`may be found in a substantive paper and/or an exhibit of record in this
`proceeding.
`Demonstrative exhibits are only an aid to oral argument and are not
`evidence of record in the proceeding, and should be clearly marked as such.
`For example, each slide may be marked with the words
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer. The
`parties shall file any exhibits with the Board at least two (2) business days
`prior to the hearing.
`
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if any such
`
`
`
`IPR2018-01138
`Patent 9,659,472 B2
`
`objections cannot be resolved, the parties must file any objections to the
`demonstratives with the Board at least two (2) business days before the
`hearing. Any unresolved objection to demonstrative exhibits that is not
`timely presented will be considered waived. The objecting party should
`identify with particularity which portions of the demonstrative exhibits it
`objects to, and include a one-sentence statement of the reason for each
`objection. No argument or further explanation is permitted. We will
`consider the objections and schedule a conference call if necessary.
`Otherwise, we will reserve ruling on the objections until the hearing or after
`the hearing.
`
`The parties are reminded that each 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.
`
`Lead Counsel
`The Board expects lead counsel for each party to be present at the oral
`
`hearing, although any counsel of record may present the party’s argument.
`If either lead counsel is unable to be present at the hearing, the Board shall
`be advised by email no later than two (2) business days prior to the oral
`hearing, and such lead counsel shall be available for a conference call if
`necessary.
`
`Audio/Visual Equipment Requests
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made five business days prior to the hearing date.
`The request is to be sent to Trials@uspto.gov. If the request is not
`
`
`
`IPR2018-01138
`Patent 9,659,472 B2
`
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`ORDER
`
`ORDERED that oral argument for this proceeding shall take place
`beginning at 1:00 PM Central Time on August 29, 2019, at the Texas
`Regional Office of the USPTO, 207 South Houston Street, Suite 159, Dallas,
`Texas 75202.
`
`It is
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`IPR2018-01138
`Patent 9,659,472 B2
`
`
`
`
`PETITIONER:
`
`Alan Norman
`Anthony Blum
`David Jinkins
`Matthew Braunel
`Robert Gerlach
`THOMPSON COBURN LLP
`anorman@thompsoncoburn.com
`ablum@thompsoncoburn.com
`djinkins@thompsoncoburn.com
`mbraunel@thompsoncoburn.com
`rgerlach@thompsoncoburn.com
`
`PATENT OWNER:
`
`Gregory Carlin
`David Moreland
`Warren Thomas
`MEUINER CARLIN & CURFMAN LLC
`gcarlin@mcciplaw.com
`dmoreland@mcciplaw.com
`wthomas@mcciplaw.com
`
`Trent Kirk
`INVUE SECURITY PRODUCTS INC.
`trentkirk@invue.com
`
`
`
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