`Tel: 571-272-7822
`
`Paper 43
`Entered: August 22, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`TELEBRANDS CORP.,
`Petitioner,
`
`v.
`
`
`
`
`TINNUS ENTERPRISES, LLC,
`Patent Owner.
`____________
`
`Case PGR2017-00015
`Patent 9,527,612 B2
`______________
`
`Before MICHAEL W. KIM, FRANCES L. IPPOLITO, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`ORDER
`TRIAL HEARING
`37 C.F.R. § 42.70
`
`
`
`
`PGR2017-00015
`Patent 9,527,612 B2
`
`
`On July 23, 2018, we issued a Trial Hearing Order setting the Oral
`Hearing for August 13, 2018, at 1:00 pm. Paper 41. Due to inclement
`weather, Petitioner’s counsel’s flight was severely delayed and counsel
`arrived late to the hearing. As we authorized in the Trial Hearing Order,
`Patent Owner did not attend the oral hearing. Paper 41, 2. Just before
`Petitioner’s arrival, we had received a message that Petitioner would not be
`attending the hearing due to its travel difficulties. Therefore, we adjourned
`the hearing. However, this message was incorrect. Because of this
`miscommunication, we informed the parties by email that we would
`reschedule the hearing, and that they should meet and confer and provide
`days and times when they would be available for the rescheduled hearing.
`Petitioner informed us by email that they reached out to Patent
`Owner’s counsel, but received no response. Petitioner has said it is available
`for a hearing by telephone or video conference on August 31, 2018.
`Accordingly, the Trial Hearing Order is modified and the hearing
`shall take place on August 31, 2018, at 1:00 p.m. ET by telephone. Each
`party will have 30 minutes of total argument time. Counsel will participate
`by telephone and will be provided with the call-in number prior to the date
`of the hearing. Petitioner bears the ultimate burden of proof that Patent
`Owner’s patent claims at issue are unpatentable. Also, Petitioner has filed a
`Motion to Exclude Evidence. Therefore, at oral hearing, Petitioner will
`proceed first to present its case with respect to the challenged claims and
`grounds with respect to which the Board instituted trial and any arguments
`in support of its Motion to Exclude. Petitioner may reserve rebuttal time.
`Thereafter, Patent Owner will respond to Petitioner’s presentation. After
`
`2
`
`
`
`PGR2017-00015
`Patent 9,527,612 B2
`
`that, Petitioner will make use of the rest of its time responding to Patent
`Owner. There are no motions to amend to be addressed at the hearing.
`New arguments not previously presented in the parties’ substantive
`papers in this proceeding should not be raised at oral hearing.
`The hearing will be open to the public for in-person attendance on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance will be accommodated on a first-come, first-
`served basis. The Board will provide a court reporter for the hearings, and
`the reporter’s transcripts will constitute the official record of the hearings.
`Petitioner’s demonstratives are currently on file and there is no need
`to refile them.
`Patent Owner’s previously submitted positions suggest that it does not
`desire to participate further in the proceeding, which presumably includes
`the oral hearing. Paper 3–6 (citing Ex. 2035). We excused Patent Owner
`from having to attend the prior hearing. See Paper 41, 2. As such, Patent
`Owner did not attend the previously scheduled hearing. Accordingly, we
`wish to reiterate that, while Patent Owner is provided the opportunity to
`participate in this oral hearing, it is not required.
`The parties are referred to our prior Trial Hearing Order, Paper 41, for
`additional information regarding the hearing.
`It is
`ORDERED the Trial Hearing Order is modified and the hearing will
`now take place Friday, August 31, 2018, at 1:00 p.m. ET;
`FURTHER ORDERED that Petitioner may attend the hearing by
`telephone;
`
`3
`
`
`
`PGR2017-00015
`Patent 9,527,612 B2
`
`
`FURTHER ORDERED that Patent Owner may attend the hearing if it
`wishes, but attendance is not required; and
`FURTHER ORDERED that the parties shall consult our prior Trial
`Hearing Order (Paper 41) for additional information.
`
`
`
`
`
`
`4
`
`
`
`PGR2017-00015
`Patent 9,527,612 B2
`
`PETITIONER:
`
`Robert Maldonado
`Tonia Sayour
`COOPER & DUNHAM LLP
`rmaldonado@cooperdunham.com
`tsayour@cooperdunham.com
`
`Eric Maurer
`BOIES, SCHILLER, & FLEXNER LLP
`emaurer@bsfllp.com
`
`PATENT OWNER:
`
`Robert Sterne
`Jason Eisenberg
`Jonathan Tuminaro
`Dallin Glenn
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsterne@skgf.com
`jasone-ptab@skgf.com
`jtuminar-ptab@skgf.com
`dglenn-ptab@skgf.com
`
`Thomas Croft
`Jeffrey D. Ahdoot
`Brian Koide
`DUNLAP BENNET & LUDWIG PLLC
`tcroft@dbllawyers.com
`jahdoot@dbllawyers.com
`bkoide@dbllawyers.com
`
`Robert Spendlove
`LAUBSCHER, SPENDLOVE & LAUBSCHER, P.C.
`rspendlove@laubscherlaw.com
`
`
`
`5
`
`
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