Trials@uspto.gov
`571–272–7822
`
`
`
`
`Paper 25
`Date: April 24, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`KEMET ELECTRONICS, CORP. and VISHAY AMERICAS, INC.,
`Petitioner,
`
`v.
`
`MEC RESOURCES, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00583
`Patent 6,137,390
`_______________
`
`
`Before KALYAN K. DESHPANDE, TREVOR M. JEFFERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10); 37 C.F.R. § 42.70
`
`
`
`
`
`571–272–7822
`
`
`
`
`Paper 25
`Date: April 24, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`KEMET ELECTRONICS, CORP. and VISHAY AMERICAS, INC.,
`Petitioner,
`
`v.
`
`MEC RESOURCES, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00583
`Patent 6,137,390
`_______________
`
`
`Before KALYAN K. DESHPANDE, TREVOR M. JEFFERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10); 37 C.F.R. § 42.70
`
`
`
`
`
`
`IPR2019-00583
`Patent 6,137,390
`
`
`The Scheduling Order for this case sets the date for the oral hearing as
`May 13, 2020. Paper 9, 9. Petitioner requested an oral hearing pursuant to
`37 C.F.R. § 42.70. Paper 22. Petitioner’s request for an oral hearing is
`granted.
`Oral argument will commence at 1:00 PM ET on May 13, 2020, by
`video. The parties are directed to contact the Board at least ten (10) business
`days in advance of the hearing if there are any concerns about disclosing
`confidential information. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`If at any time during the proceeding, you encounter technical or other
`difficulties that fundamentally undermine your ability to adequately
`represent your client, please let the panel know immediately, and
`adjustments will be made.1
`To facilitate planning, each party must contact PTAB Hearings five
`(5) business days prior to the oral hearing date at 571-272-9797 to receive
`video set-up information. As a reminder, all arrangements and the expenses
`involved with appearing by video, such as the selection of the facility to be
`used from which a party will attend by video, must be borne by that party. If
`a video connection cannot be established, the parties will be provided with
`dial-in connection information, and the oral hearing will be conducted
`telephonically.
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above telephone
`
`1 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`IPR2019-00583
`Patent 6,137,390
`
`number five (5) business days prior to the hearing to receive dial-in
`connection information.
`Each party will have a total of sixty (60) minutes to present any
`arguments relating to this case. Petitioner bears the ultimate burden of proof
`that the claims under review in these cases are unpatentable. Therefore,
`Petitioner will proceed first, and Patent Owner will follow. Petitioner may
`then use any time Petitioner reserved for rebuttal. Absent special
`circumstances, Petitioner will not be permitted to reserve for rebuttal more
`than half the total time allotted for argument. Patent Owner may request a
`brief sur-rebuttal.
`The parties shall serve any demonstrative exhibits upon each other at
`least seven (7) business days prior to the hearing. The parties also shall
`provide the demonstrative exhibits to the Board at least five (5) business
`days prior to the hearing by emailing them to PTABHearings@uspto.gov.
`Notwithstanding 37 C.F.R. § 42.70(b), the parties shall not file any
`demonstrative exhibits without prior authorization.
`Demonstrative exhibits used at the hearing are aids to oral argument
`and not evidence, and should be clearly marked as such. For example, each
`slide of a demonstrative exhibit may be marked with the words
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`Demonstrative exhibits cannot be used to advance arguments or introduce
`evidence not previously presented in the record.
`The parties are encouraged to resolve objections by exchanging
`proposed demonstrative exhibits and conferring prior to submitting the
`exhibits to the Board. Objections to demonstratives should be carefully
`considered and framed as the Board has not found that such objections are
`
`3
`
`
`
`IPR2019-00583
`Patent 6,137,390
`
`helpful in many cases. If any objections cannot be resolved, the parties must
`initiate a conference call with the Board at least two (2) business days prior
`to the hearing. Any objection to demonstrative exhibits that are not timely
`presented at least two (2) business days prior to the hearing will be
`considered waived.
`The Board generally expects lead counsel for each party to be present
`by video at the oral hearing. Any counsel of record may present the party’s
`argument as long as that counsel is present by video.
`Any special requests for audio-visual equipment should be directed to
`PTABHearings@uspto.gov. A party may also indicate any special requests
`related to appearing at a video oral hearing, such as a request to
`accommodate 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) business days
`before the hearing.
`Please unmute yourself only when speaking. The panel will have
`access to all papers filed with the Board, including demonstratives. During
`the oral hearing, the parties are advised to identify clearly and specifically
`each demonstrative referenced (e.g., by slide or screen number) to ensure the
`clarity and accuracy of the court reporter’s transcript. In addition, the parties
`are advised to identify themselves each time they speak. Furthermore, the
`remote nature of the oral hearing may also result in an audio lag, and so the
`parties are advised to observe a pause prior to speaking, so as to avoid
`speaking over others.
`Members of the public may request to listen in on this oral hearing. If
`resources are available, the Board generally expects to grant such requests.
`
`4
`
`
`
`IPR2019-00583
`Patent 6,137,390
`
`If either party objects to the Board granting such requests, for example,
`because confidential information may be discussed, the party must notify the
`Board by contacting PTABHearings@uspto.gov at least five (5) business
`days prior to the oral hearing date.
`
`5
`
`
`
`IPR2019-00583
`Patent 6,137,390
`
`PETITIONER:
`
`Ricardo Bonilla
`P. Weston Musselman, Jr.
`FISH & RICHARDSON P.C.
`rbonilla@fr.com
`musselman@fr.com
`
`
`PATENT OWNER:
`
`Robert D. Katz
`KATZ PLLC
`rkatz@katzfirm.com
`
`Lewis E. Hudnell, III
`HUDNELL LAW GROUP P.C.
`lewis@hudnelllaw.com
`
`6
`
`
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
