`571-272-7822 Date Entered: December 20, 2013
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`ABB, INC.
`Petitioner
`
`v.
`
`ROY-G-BIV CORPORATION
`Patent Owner
`____________
`
`Case IPR2013-000621
`Case IPR2013-002742
`____________
`
`Before THOMAS L. GIANNETTI, BRYAN F. MOORE, and
`JENNIFER S. BISK, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.10
`
`
`
`1 Joined with IPR2013-00282.
`2 Joined with IPR2013-00286.
`
`
`
`Case IPR2013-00062, Patent 6,516,236
`Case IPR2013-00074, Patent 8,073,557
`
`
`The Scheduling Orders in these proceedings set the date for oral hearing to
`January 23, 2014, if a hearing was requested by the parties and granted by the
`Board.
`Both Petitioner and Patent Owner requested oral hearing pursuant to 37
`C.F.R. § 42.70. The requests for oral hearing are granted. Each party will have
`one hour to present arguments.
`ABB, Inc., as petitioner, bears the ultimate burden of proof that ROY-G-BIV
`Corporation’s claims at issue in this review are unpatentable. Petitioner will open
`the hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial. The Patent Owner will then respond to Petitioner’s
`argument. Petitioner may reserve time to respond to arguments presented by the
`Patent Owner.
`The hearing will commence at 1:00 PM, on January 23, 2014, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. The
`Board will provide a court reporter for the hearing and the reporter’s transcript will
`constitute the official record of the hearing. There are no motions to seal in the
`present proceeding. Accordingly, the Board exercises its discretion to make the
`final hearing publically available via in-person attendance. The hearing will be
`open to the public for in-person attendance that will be accommodated on a first-
`come, first-served basis.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
`deposition testimony must file such testimony as an exhibit. The Board will not
`consider any deposition testimony that has not been so filed. Furthermore, under
`37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least five business
`days before the hearing. The Board requests that such exhibits be filed at the
`Board at least five business days before the hearing. The parties must initiate a
`
`
`
`2
`
`
`
`Case IPR2013-00062, Patent 6,516,236
`Case IPR2013-00074, Patent 8,073,557
`
`conference call with the Board at least two business days before the hearing to
`present any objection regarding the propriety of any demonstrative exhibit. Any
`objection to demonstrative exhibits that is not timely presented will be considered
`waived.
`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. 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.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov.
`
`
`Petitioner:
`
`Richard D. McLeod
`KLARQUIST SPARKMAN LLP
`rick.mcleod@klarquist.com
`
`
`Patent Owner:
`
`Richard T. Black
`FOSTER PEPPER PLLC
`blacr@foster.com
`
`
`Richard S. Meyer
`BOIES, SCHILLER & FLEXNER, LLP
`rmeyer@bsfllp.com
`
`
`
`
`3
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`