`571-272-7822
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` Paper 29
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` Entered: July 10, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CARL ZEISS SMT GMBH
`Petitioner
`
`v.
`
`NIKON CORPORATION
`Patent Owner
`
`
`
`Case IPR2013-00362 (Patent 7,348,575 B2)
`Case IPR2013-00363 (Patent 7,348,575 B2)1
`
`
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 326(a)(10)
`
`
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`Patent Owner requests a hearing in both cases pursuant to 37 C.F.R.
`
`
`1 This Order addresses an issue pertaining to both cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`Case IPR2013-00362 and Case IPR2013-00363
`Patent 7,348,575 B2
`
`§ 42.70. Although Petitioner does not request a hearing in either case,
`
`Petitioner indicates that it will appear for hearing if one is scheduled. Patent
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`Owner’s requests are granted.
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`Each party will have sixty (60) minutes of total time to present
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`arguments for the two cases. Because the two cases involve the same patent,
`
`with similar issues, Petitioner will proceed first to present its case with
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`respect to the challenged claims and grounds for which the Board instituted
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`trial for both cases. Thereafter, Patent Owner will respond to Petitioner’s
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`presentation for both cases. Petitioner may reserve rebuttal time to respond
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`to Patent Owner’s presentation with respect to both cases.
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`The hearing for these cases will commence at 1:00 PM Eastern Time,
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`on July 17, 2014, and it will be open to the public for in-person attendance,
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`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
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`Virginia. In-person attendance will be accommodated on a first-come first-
`
`served basis. Requests for audio-visual equipment are to be made 5 days in
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`advance of the hearing date. The request is to be sent to
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`Trials@uspto.gov. If the request is not received timely, the equipment may
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`not be available on the day of the hearing.
`
`The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`five business days prior to the hearing. They shall be filed at the Board two
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`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
`
`2
`
`
`
`Case IPR2013-00362 and Case IPR2013-00363
`Patent 7,348,575 B2
`
`dispute over the propriety of each party’s demonstrative exhibits. The
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`parties are directed to CBS Interactive Inc. v. Helferich Patent Licensing,
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`LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding the
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`appropriate content of demonstrative exhibits.
`
`The Board expects lead counsel for each party to be present at
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`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If any lead counsel will not be in attendance at hearing, the
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`Board should be notified via a joint telephone conference call no later than
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`two days prior to the hearing to discuss the matter.
`
`3
`
`
`
`For PETITIONER:
`
`
`Marc M. Wefers, Esq.
`Chris C. Bowley, Esq.
`Fish & Richardson, P.C.
`wefers@fr.com
`bowley@fr.com
`
`
`
`For PATENT OWNER:
`
`John S. Kern, Esq.
`Robert C. Mattson, Esq.
`Oblon Spivak
`CPdocketKern@oblon.com
`CPdocketMattson@oblon.com