Trials@uspto.gov Paper No. 10 Paper No. 31
`
`571-272-7822
`Date Entered: June 24, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE JEWELRY CHANNEL, INC. USA d/b/a Liquidation Channel,
`Petitioner
`
`v.
`
`AMERICA’S COLLECTIBLES NETWORK, INC.,
`Patent Owner
`____________
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`____________
`
`Before LINDA M. GAUDETTE, BRIAN J. McNAMARA, and
`DAVID C. McKONE, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`
`
`571-272-7822
`Date Entered: June 24, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE JEWELRY CHANNEL, INC. USA d/b/a Liquidation Channel,
`Petitioner
`
`v.
`
`AMERICA’S COLLECTIBLES NETWORK, INC.,
`Patent Owner
`____________
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`____________
`
`Before LINDA M. GAUDETTE, BRIAN J. McNAMARA, and
`DAVID C. McKONE, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`
`A trial in this proceeding was instituted on October 20, 2014.
`
`Paper 10 (“Decision to Institute”). Our order of May 14, 2015, set the date
`
`for oral hearing to July 16, 2015, if requested by the parties and granted by
`
`the Board. Paper 24 (“Order Changing Date of Oral Hearing”). Both parties
`
`have requested oral hearing pursuant to 37 C.F.R. § 42.70. The request is
`
`granted.
`
`Each party will have 60 minutes of total argument time. The Jewelry
`
`Channel, Inc. USA d/b/a Liquidation Channel (“Petitioner”) bears the
`
`ultimate burden of proof that the claims at issue in this review are
`
`unpatentable. Therefore, at oral hearing, Petitioner will proceed first to
`
`present its case with regard to the challenged claims on which basis we
`
`instituted trial. Thereafter, America’s Collectibles Network, Inc. (“Patent
`
`Owner”) will argue its opposition to Petitioner’s case. Patent Owner will
`
`also present its own case with regard to its motion to amend claims, as
`
`Patent Owner bears the burden of proof on its motion to amend claims.
`
`Petitioner may then use any time Petitioner reserved to rebut Patent Owner’s
`
`opposition and to oppose Patent Owner’s motion to amend claims. Finally,
`
`Patent Owner may use any time it reserved solely to rebut Petitioner’s
`
`opposition to Patent Owner’s motion to amend.
`
`There is a strong public policy interest in making all information
`
`presented in these proceedings public, as the review determines the
`
`patentability of claims in an issued patent and thus affects the rights of the
`
`public. This policy is reflected in part, for example, in 35 U.S.C. § 316(a)(1)
`
`and 35 U.S. C. § 326(a)(1), which provide that the file of any inter partes
`
`review or post grant review be made available to the public, except that any
`
`
`
`2
`
`
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`
`petition or document filed with the intent that it be sealed shall, if
`
`accompanied by a motion to seal, be treated as sealed pending the outcome
`
`of the ruling on the motion. There are no motions to seal in this proceeding.
`
`Accordingly, the Board exercises its discretion to make the oral hearing
`
`publically available via in-person attendance.
`
`Specifically, the hearing will commence at 1:30 PM, on July 16, 2015,
`
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia, and it will be open to the public for in-person attendance. In-
`
`person attendance will be accommodated on a first come first serve 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 before the hearing. The parties are directed to CBS Interactive
`
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118
`
`(Oct. 23, 2013), regarding the appropriate content of demonstrative exhibits.
`
`Any issue regarding demonstrative exhibits should be resolved at least two
`
`days prior to the hearing by way of a joint telephone conference call to the
`
`Board. The parties are responsible for requesting such a conference
`
`sufficiently in advance of the hearing to accommodate this requirement.
`
`Any objection to demonstrative exhibits that is not timely presented will be
`
`considered waived. A courtesy copy of the demonstratives to be used at the
`
`hearing should be filed at the Board no later than two days before the
`
`hearing. A hard copy of the demonstratives should be provided to the court
`
`reporter at the hearing.
`
`
`
`3
`
`
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`equipment are to be made 5 days in advance of the hearing date. The
`
`request is to be sent to Trials@uspto.gov. If the request is not received
`
`timely, the equipment may not be available on the day of the hearing.
`
`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 parties also should note that at least one member
`
`of the panel will be attending the hearing electronically from a remote
`
`location and that if a demonstrative is not filed or otherwise made fully
`
`available or visible to the judge presiding over the hearing remotely,
`
`that demonstrative will not be considered. If the parties have questions
`
`as to whether demonstrative exhibits would be sufficiently visible and
`
`available to all of the judges, the parties are invited to contact the Board at
`
`571-272-9797.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, lead or backup counsel may present the
`
`party’s argument. If either party anticipates 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 business days prior to the oral
`
`hearing to discuss the matter.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`Case CBM2014-00119
`Patent 8,370,211 B2
`
`PETITIONER: (via electronic transmission)
`
`Jeffrey Ginsberg
`jginsberg@kenyon.com
`
`Michael Turner
`mturner@kenyon.com
`
`
`PATENT OWNER: (via electronic transmission)
`
`Neil Jones
`Neil.jones@nelsonmullins.com
`
`
`
`
`5
`
`
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