Trials@uspto.gov
`571-272-7822
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` Paper: 31
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` Entered: June 14, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SUPERCELL OY,
`Petitioner,
`
`v.
`
`GREE, LLC,
`Patent Owner.
`____________
`
`Cases PGR2018-00055
`Patent 9,687,744 B2
`____________
`
`
`
`Before LYNNE H. BROWNE, HYUN J. JUNG, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`BROWN, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`571-272-7822
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`
`
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`
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` Paper: 31
`
`
` Entered: June 14, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SUPERCELL OY,
`Petitioner,
`
`v.
`
`GREE, LLC,
`Patent Owner.
`____________
`
`Cases PGR2018-00055
`Patent 9,687,744 B2
`____________
`
`
`
`Before LYNNE H. BROWNE, HYUN J. JUNG, and
`CARL M. DEFRANCO, Administrative Patent Judges.
`
`BROWN, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`PGR2018-00055
`Patent 9,687,744 B2
`
`
`We instituted post-grant review in the above-referenced case. Paper
`11. The Scheduling Order initially set June 25, 2019, as the date for oral
`argument, if requested. Paper 12. Pursuant to 37 C.F.R. § 42.70, each party
`filed a request for oral argument. Papers 28, 30. As stated in each request
`(Papers 28, 30), an email from the Board dated April 12, 2019, rescheduled
`the date for oral argument (Due Date 7) to June 27, 2019. Each party
`requested 60 minutes of argument time per side. Papers 28, 30. The
`requests are granted.
`The hearing will commence at 10:00 AM Eastern Time, on
`Thursday, June 27, 2019, and will be conducted at the USPTO Central
`Headquarters in Alexandria, Virginia (the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia, 22314). At least
`one judge may participate in the hearing via videoconference from a remote
`location; counsel for the parties, however, must appear in person. The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis.
`Each party will have sixty (60) minutes of total oral argument time.
`Petitioner will argue first and may present arguments regarding the
`challenged claims. Patent Owner will then have the opportunity to respond
`to Petitioner’s arguments. Next, Petitioner may use any time it has reserved
`for rebuttal to respond to Patent Owner’s arguments. Lastly, Patent Owner
`may use any time it has reserved for sur-rebuttal to respond to Petitioner’s
`rebuttal arguments. No other arguments will be heard.
`The Board will provide a court reporter, and the reporter’s transcript
`will constitute the official record of the hearing. The hearing transcript will
`be entered in the record of this proceeding.
`
`2
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`
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`PGR2018-00055
`Patent 9,687,744 B2
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served at least (7) seven business days before the hearing. Demonstrative
`exhibits are visual aids to oral argument and not evidence, and should be
`clearly marked as such. For example, each slide may be marked with the
`words “DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`Demonstrative exhibits may not 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”). Instead, demonstrative exhibits should
`cite to the briefs and evidence in the record. Demonstrative exhibits, marked
`as noted above, should be filed in accordance with 37 C.F.R. § 42.70(b) at
`least five (5) business days before 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 objections
`cannot be resolved, the unresolved objections must be filed with the Board at
`least (2) two 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 and portions thereof are subject to objection, and include a
`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 schedule a conference if the Board deems necessary.
`Otherwise, the Board will rule on the objections at the hearing.
`To aid in the preparation of an accurate transcript, each party shall
`provide a paper copy of any demonstratives to the court reporter on the day
`
`3
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`PGR2018-00055
`Patent 9,687,744 B2
`
`of the oral argument. Such paper copies shall not become part of the record
`of this proceeding. The parties are reminded that, during the hearing, the
`presenter should identify clearly each demonstrative exhibit (e.g., by slide or
`screen number) to ensure the clarity and accuracy of the reporter’s transcript
`and permit any judge participating from a remote location to follow the
`arguments.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument as long as that counsel is present in person. If either party expects
`that its lead counsel will not be attending the oral argument, the parties
`should initiate a joint telephone conference with the Board no later than two
`(2) business days prior to the oral hearing to discuss the matter.
`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 Texas Regional Office in Dallas, Texas; the
`Rocky Mountain Regional Office in Denver, Colorado; 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 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.
`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
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`PGR2018-00055
`Patent 9,687,744 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.
`It is
`ORDERED that oral argument will commence at 10:00 AM ET on
`June 27, 2019.
`
`
`
`
`
`
`5
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`PGR2018-00055
`Patent 9,687,744 B2
`
`
`
`PETITIONER:
`
`Jennifer R. Bush
`FENWICK & WEST LLP
`jbush-ptab@fenwick.com
`
`
`PATENT OWNER:
`
`John C. Alemanni
`Andrew Rinehart
`Scott E. Kolassa
`Steven D. Moore
`KILPATRICK TOWNSEND & STOCKTON LLP
`jalemanni@kilpatricktownsend.com
`arinehart@kilpatricktownsend.com
`skolassa@kilpatricktownsend.com
`smoore@kilpatricktownsend.com
`
`
`6
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