`Date: February 7, 2014
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ZTE CORPORATION AND ZTE (USA) INC.
`Petitioner
`
`v.
`
`CONTENTGUARD HOLDINGS INC.
`Patent Owner
`____________
`
`Case IPR2013-00137
`Patent 6,963,859
`____________
`
`Before JAMESON LEE, MICHAEL W. KIM, and MICHAEL R. ZECHER
`Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`This inter partes review was instituted on July 1, 2013. Paper 17. Final
`hearing date was set for February 27, 2014. Paper 18.
`Both parties have requested oral argument. Papers 44, 46. The requests are
`granted. Each party will have forty-five (45) minutes of total argument time.
`
`
`
`IPR2013-00137
`Patent 6,963,859
`
`
`
`
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`issue are unpatentable. Therefore, at final hearing, Petitioner will proceed first to
`present its case with regard to the challenged claims and grounds on the basis of
`which the Board instituted trial. Thereafter, the Patent Owner will respond to
`Petitioner’s presentation. After that, Petitioner will make use of the remainder of
`its time to address Patent Owner’s responsive presentation.
`The hearing will commence at 10:00 AM Eastern Time, on February 27,
`2014, and it 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-served 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 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 the 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 the 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.
`
`
`
`
`2
`
`
`
`
`
`
`
`
`IPR2013-00137
`Patent 6,963,859
`
`For PETITIONER:
`
`Jon Beaupre
`Miyoung Shin
`David Bluestone
`Rickard DeMille
`Peter Lee
`Lawrence Chen
`BRINKS HOFER GILSON AND LIONE
`jbeaupre@brinkshofer.com
`mshin@brinkshofer.com
`dbluestone@brinkshofer.com
`rdemille@brinkshofer.com
`plee@brinkshofer.com
`lchen@brinkshofer.com
`
`
`For PATENT OWNER
`
`Robert Sterne
`Jason D. Eisenberg
`Jon Wright
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`rsterne-PTAB@skgf.com
`Jwright-PTAB@skgf.com
`jasone-PTAB@skgf.com
`
`3
`
`
`
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