`Entered: June 12, 2014
`
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DISTINCTIVE DEVELOPMENTS, LTD, ELECTRONIC ARTS INC.,
`GAMELOFT S.E., HALFBRICK STUDIOS PTY LTD., LAMINAR RESEARCH
`LLC, MOJANG AB, and SQUARE ENIX, INC.
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.
`Patent Owner.
`____________
`
`Case IPR2013-00391
`Patent 6,857,067
`____________
`
`
`
`Before JAMESON LEE, ALLEN R. MacDONALD, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`Case IPR2013-00391
`Patent 6,857,067
`
`
`On December 18, 2013, the Board instituted this inter partes review. Paper
`
`15. According to the Scheduling Order dated December 18, 2013 (Paper 16), oral
`
`hearing, if requested, will be held on July 11, 2014. Both parties have requested an
`
`oral hearing pursuant to 37 C.F.R. § 42.70. Papers 27, 28. The requests are
`
`granted. The oral hearing will commence at 1:00 PM Eastern Time, on July 11,
`
`2014.
`
`
`
`
`
`Each party will have one hour of time to present arguments.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s patent
`
`claims at issue are unpatentable. Therefore, at oral hearing, Petitioner will proceed
`
`first to present its case with respect to the challenged patent claims and grounds
`
`with respect to which the Board instituted trial. Petitioner may reserve some of its
`
`argument time, for further presentation after the Patent Owner has responded to
`
`Petitioner’s presentation.
`
`
`
`Patent Owner will respond to Petitioner’s presentation, having available to it
`
`the entirety of its allotted argument time. Thereafter, Petitioner may make use of
`
`the time it has reserved, to rebut Patent Owner’s presentation.
`
`
`
`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 22314.
`
`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 before the hearing. They shall be filed with the Board three 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. For guidance on what constitutes
`
`
`
`2
`
`
`
`Case IPR2013-00391
`Patent 6,857,067
`
`
`an appropriate demonstrative exhibit, the parties are directed to Paper 118 in CBS
`
`Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB October 23,
`
`2013).
`
`
`
`The Board expects lead counsel for each party to be present at oral 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 oral hearing, the Board
`
`should be notified via a joint telephone conference call no later than two business
`
`days prior to the oral hearing to discuss the matter.
`
`Finally, the Board will make a projector and screen available at the hearing
`
`for displaying demonstrative exhibits, should the parties desire such equipment.
`
`Questions regarding specific audio-visual equipment should be directed to the
`
`Board at (571) 272-9797.
`
`
`
`3
`
`
`
`
`
`
`
`Case IPR2013-00391
`Patent 6,857,067
`
`
`
`
`For PETITIONER:
`
`Eric Buresh
`Megan Redmond
`eric.buresh@eriseip.com
`megan.edmond@eriseip.com
`
`For PATENT OWNER
`
`Gregory Cordrey
`gxc@jmbm.com
`
`
`
`
`4
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