throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 32
`Entered: September 16, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RESIDEO TECHNOLOGIES, INC. and
`CENTRAL SECURITY GROUP – NATIONWIDE, INC.,1
`Petitioner,
`v.
`UBIQUITOUS CONNECTIVITY, LP,
`Patent Owner.
`
`____________
`
`IPR2019-01335 (Patent 8,064,935 B2)
` IPR2019-01336 (Patent 9,062,655 B2)2
`____________
`
`
`
`Before JEAN R. HOMERE, JOHN F. HORVATH, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 Central Security Group – Nationwide, Inc., who filed petitions in IPR2019-
`01609 and IPR2019-01610 has been joined as a petitioner, respectively, to
`IPR2019-01335 and IPR2019-01336.
`2 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case.
`
`

`

`IPR2019-01335 (Patent 8,604,935 B2)
`IPR2019-01336 (Patent 9,062,655 B2)
`
`
`On September 14, 2020, Petitioner and Patent Owner filed requests
`for oral argument in these proceedings, each requesting 60 minutes of
`argument per side. See Papers 30, 31.3
`The parties’ requests for oral argument are granted, and oral argument
`will be held by video conference on October 27, 2020, commencing at 1:00
`p.m. Eastern Time. The Board expects lead counsel for each party to be
`present. However, lead or backup counsel may put forward a party’s
`arguments. If either party anticipates that its lead counsel will not be
`present, 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.
`The parties are directed to contact the Board at least 10 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.
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov five business days prior to the oral hearing date
`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 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
`
`
`3 Unless otherwise indicated, we cite the papers filed in IPR2019-01335.
`Similar papers were filed in IPR2019-01336, IPR2019-01609, and IPR2019-
`01610.
`
`2
`
`

`

`IPR2019-01335 (Patent 8,604,935 B2)
`IPR2019-01336 (Patent 9,062,655 B2)
`
`dial-in connection information, and the oral hearing will be conducted
`telephonically. No party may attend the hearing at any USPTO location.
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above email
`address five business days prior to the hearing to receive dial-in connection
`information.
`Each party will have sixty (60) minutes of total argument time for the
`hearing. Petitioner bears the ultimate burden of proof that the challenged
`claims are unpatentable. Therefore, Petitioner will proceed first, and will
`present its arguments with regard to the challenged claims and grounds on
`which we instituted trial. Petitioner may reserve some of its time for
`rebuttal. Patent Owner may respond to Petitioner’s arguments, and may also
`reserve some of its time for rebuttal. Petitioner may then use its rebuttal
`time to respond to Patent Owner’s arguments, and Patent Owner may use its
`rebuttal time to respond to Petitioner’s arguments.
`Under 37 C.F.R. § 42.70(b), any demonstrative exhibits to be
`presented at the hearing must be served seven business days before the
`hearing. They shall be filed with the Board no later than three business
`days before the hearing. Any objection to demonstrative exhibits should be
`resolved at least two business days prior to the hearing by way of a joint
`telephone conference call to the Board. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. For
`guidance on appropriate content in demonstrative exhibits, the parties are
`directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`IPR2013-00033, Paper 118 (Oct. 23, 2013).
`
`3
`
`

`

`IPR2019-01335 (Patent 8,604,935 B2)
`IPR2019-01336 (Patent 9,062,655 B2)
`
`
`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
`result in an audio lag, and the parties are advised to observe a pause prior to
`speaking to avoid speaking over others.
`If the parties have any questions not specifically addressed above,
`they may contact the Board at PTABHearings@uspto.gov.
`
`
`
`
`
`
`4
`
`

`

`IPR2019-01335 (Patent 8,604,935 B2)
`IPR2019-01336 (Patent 9,062,655 B2)
`
`PETITIONER:
`Benjamin Pleune
`Christopher T.L. Douglas
`Adam J. Doane
`ALSTON & BIRD LLP
`ben.pleune@alston.com
`christopher.douglas@alston.com
`adam.doane@alston.com
`
`Stephanie L. Schonewald
`Peter A. Flynn
`CHOATE, HALL & STEWART LLP
`sschonewald@choate.com
`pflynn@choate.com
`
`
`PATENT OWNER:
`Cortney S. Alexander
`Daniel A. Kent
`KENT & RISLEY LLC
`cortneyalexander@kentrisley.com
`dankent@kentrisley.com
`
`
`5
`
`

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