`Entered: April 7, 2014
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`Trials@uspto.gov
`Tel: 571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`____________
`
`Case CBM2013-00020 (Patent 5,191,573)
`Case CBM2013-00023 (Patent 5,966,440)1
`
`
`
`Before MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 This Order addresses an issue pertaining to both cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`Case CBM2013-00020 (Patent 5,191,573)
`Case CBM2013-00023 (Patent 5,966,440)
`
`
`
`
`Petitioner and Patent Owner requested a hearing in each of the above
`proceedings pursuant to 37 C.F.R. § 42.70(a). See CBM2013-00020, Papers
`61, 67; CBM2013-00023, Papers 58, 63. The requests are granted.
`The instant proceedings involve related patents and the same asserted
`prior art. A combined hearing for both proceedings, therefore, is appropriate
`under the circumstances. Each party will have sixty (60) minutes of total
`time to present arguments for the two proceedings. Petitioner bears the
`ultimate burden of proof that the challenged claims are unpatentable.
`Therefore, Petitioner will proceed first to present its case as to the
`challenged claims in both proceedings, and may reserve rebuttal time.
`Patent Owner then will respond to Petitioner’s case for both proceedings.
`After that, Petitioner may use the rest of its time to respond to Patent
`Owner’s presentation.
`The hearing will commence at 2:00 PM Eastern Time on May 6,
`2014, and 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 hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. The parties shall file any
`demonstrative exhibits with the Board two business days prior to the
`hearing, and the parties must initiate a conference call with the Board at least
`two business days prior to the hearing to resolve any dispute over the
`propriety of each party’s demonstrative exhibits. The parties are directed to
`CBS Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033,
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`
`2
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`
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`Case CBM2013-00020 (Patent 5,191,573)
`Case CBM2013-00023 (Patent 5,966,440)
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`Paper 118 (Oct. 23, 2013), regarding the appropriate content of
`demonstrative exhibits. The parties are reminded that the 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.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearing, although any backup counsel may make the actual
`presentation, in whole or in part. If lead counsel for either party will not be
`in attendance at the hearing, the Board should be notified via a joint
`conference call no later than two days prior to the hearing to discuss the
`matter.
`Finally, the Board will make a projector and screen available at the
`hearing for displaying demonstrative exhibits, should the parties choose to
`do so. Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797.
`
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`
`3
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`
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`Case CBM2013-00020 (Patent 5,191,573)
`Case CBM2013-00023 (Patent 5,966,440)
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`PETITIONER:
`
`J. Steven Baughman
`Ching-Lee Fukuda
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`ching-lee.fukuda@ropesgray.com
`
`
`
`PATENT OWNER:
`
`David R. Marsh
`Kristan L. Lansbery
`ARNOLD & PORTER LLP
`david.marsh@aporter.com
`kristan.lansbery@aporter.com
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`
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`4