`Date: December 12, 2013
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LKQ CORPORATIION
`Petitioner
`
`v.
`
`CLEARLAMP, LLC
`Patent Owner
`____________
`
`Case IPR2013-00020
`Patent 7,297,364
`____________
`
`Before SALLY C. MEDLEY, KEVIN F. TURNER and JOSIAH C. COCKS, and
`Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2013-00020
`Patent 7,297,364
`
`
`
`
`
`Introduction
`Petitioner and Patent Owner request a hearing pursuant to 37 C.F.R. § 42.70.
`
`Papers 57 and 60. The requests are granted. The hearing will commence at 1:00
`PM Eastern Time on January 2, 2014 on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia.
`Conference Call
`A conference call was held on December 11, 2013 with counsel for the
`
`respective parties and Administrative Patent Judges Medley, Turner and Cocks to
`discuss the above-noted hearing. The Judges informed the parties that the hearing
`will be open to the public for in-person attendance.1 Although there are two
`pending motions to seal (Papers 34 and 41) pertaining to various exhibits and the
`Patent Owner’s Response, neither party objected to the status of the hearing as
`open to the public.
`
`Hearing Procedure
`Each party will have sixty (60) minutes of total time to present arguments.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue in
`this review are unpatentable. Therefore, Petitioner will proceed first to present its
`case with respect to the challenged claims and grounds for which the Board
`instituted trial. Thereafter, Patent Owner will respond to Petitioner’s presentation
`and also will present its own case with respect to its motion to amend claims.
`Petitioner may reserve rebuttal time to respond to Patent Owner’s presentation on
`all matters. Patent Owner may also reserve rebuttal time but may only address
`issues with respect to its motion to amend claims.
`
`
`1 In-person attendance at the hearing will be accommodated on a first-come-first-
`served basis.
`
`2
`
`
`
`
`
`
`IPR2013-00020
`Patent 7,297,364
`
`
`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. They shall be filed at the Board two business
`days prior to the hearing, and the parties must initiate a conference call with the
`Board by 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
`IPR2013-00033, Paper 118 (October 23, 2013) regarding the appropriate content
`of demonstrative exhibits.
`
`The Board expects lead counsel for each party to be present at hearing,
`although any backup counsel may make the actual presentation, in whole or in part.
`If any lead counsel will not be in attendance at hearing, the Board should be
`notified via a joint telephone conference call no later than two days prior to the
`hearing to discuss the matter.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`IPR2013-00020
`Patent 7,297,364
`
`For PETITIONER:
`Alan L. Barry
`Jason A. Engel
`Benjamin E. Weed
`Viren S. Soni
`K&L GATES LLP
`alan.barry@klgates.com
`jason.engel@klgates.com
`benjamin.weed@klgates.com
`viren.soni@klgates.com
`
`For PATENT OWNER
`Matthew L. Cutler
`Bryan K. Wheelock
`Douglas A. Robinson
`HARNESS, DICKEY & PIERCE, PLC
`mcutler@hdp.com
`bwheelock@hdp.com
`drobinson@hdp.com
`
`4
`
`
`
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