`571-272-7822
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` Paper 100
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` Entered: October 1, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CBS INTERACTIVE INC., THE NEW YORK TIMES COMPANY,
`G4 MEDIA LLC, and BRAVO MEDIA, LLC
`Petitioners
`
`v.
`
`HELFERICH PATENT LICENSING, LLC, and WIRELESS SCIENCE, LLC
`Exclusive Licensee and Patent Owner
`
`
`
`Case IPR2013-00033
`Patent 7,155,241
`
`
`
`Before SCOTT R. BOALICK, KEVIN F. TURNER and JONI Y. CHANG,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`
`
`Case IPR2013-00033
`Patent 7,155,241
`
`
`On March 25, 2013, the instant inter partes review was instituted. Paper 21.
`Both parties requested a hearing pursuant to 37 C.F.R. § 42.70. Papers 92 and 96.
`Petitioner’s request is granted. Patent Owner’s request is granted-in-part. The
`hearing will commence at 10:00 AM Eastern Time, on October 23, 2013.1
`Petitioner requested one hour of oral argument time. Paper 92. Patent
`Owner requested one and one-half hours of oral argument time. Paper 96. A total
`of three hours of oral argument time for both parties is excessive in the absence of
`special circumstance. The Board has conducted oral arguments in proceedings that
`involved numerous claim construction, patentability, priority, and statutory
`construction issues, and found two hours of oral argument time to be sufficient.
`Accordingly, each party will have sixty (60) minutes of total time to present
`arguments.
`Petitioner will proceed first to present its case as to the challenged claims.
`Petitioner may reserve rebuttal time for its case and time for responding to Patent
`Owner’s case with regard to the motion to amend claims.
`Thereafter, Patent Owner will respond to Petitioner’s case, and also present
`its own case with regard to the motion to amend claims. Patent Owner may
`reserve rebuttal time for its case as to the motion to amend claims.
`After that, Petitioner will make use of the rest of its time responding to
`Patent Owner’s presentation on all matters. Finally, if Patent Owner reserves
`
`
`1 The Scheduling Order tentatively has set the date of oral hearing to October 21,
`2013. Paper 22. However, because of a conflict in the panel’s hearing schedule,
`the hearing is rescheduled to October 23, 2013.
`
`2
`
`
`
`Case IPR2013-00033
`Patent 7,155,241
`
`rebuttal time, Patent Owner will address only issues raised by Petitioner regarding
`the motion to amend claims.
`
`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 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. They shall be filed 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 Board expects lead counsel for each party 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 telephone conference call no later than two days prior
`to the oral hearing to discuss the matter.
`
`3
`
`
`
`
`
`
`
`
`
`Case IPR2013-00033
`Patent 7,155,241
`
`PETITIONER:
`Andrea G. Reister
`Gregory S. Discher
`Covington & Burling LLP
`Email: areister@cov.com
`Email: gdischer@cov.com
`
`
`
`PATENT OWNER:
`Jon E. Kappes
`Steven G. Lisa
`Law Office of Steven G. Lisa, Ltd.
`Email: jonkappes@patentit.com
`Email: stevelisa@patentit.com
`
`4
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