`571-272-7822 Date Entered: December 20, 2013
`
`
`
`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
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
