`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`TOYOTA MOTOR CORPORATION,
`
`Petitioner
`
`
`
`v.
`
`
`
`AMERICAN VEHICULAR SCIENCES LLC,
`
`Patent Owner
`
`
`
`Patent No. 8,036,788
`
`Issue Date: October 11, 2011
`
`Title: VEHICLE DIAGNOSTIC OR PROGNOSTIC MESSAGE
`TRANSMISSION SYSTEMS AND METHODS
`
`____________
`
`
`
`JOINT REQUEST FOR ORAL ARGUMENT
`PURSUANT TO 37 C.F.R. ¶ 42.70(a)
`
`
`Case No. IPR2013-00417
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70 and the Scheduling Order in this proceeding
`
`(Paper 15), Patent Owner, American Vehicular Sciences LLC and Petitioner
`
`Toyota Motor Corporation (“Toyota” or “TMC”) hereby request oral argument, as
`
`currently scheduled for August 14, 2014.
`
`Patent Owner and Petitioner respectfully request two and one-half hours of
`
`total argument time per side (five hours total) in which to present arguments on the
`
`issues listed below and those in IPRs 2013-00414, -00415, and -00416, all of
`
`which are currently scheduled for August 14, 2014.
`
`ISSUES TO BE ARGUED
`
`I.
`
`The lone-remaining instituted ground
`
`A. Whether claim 9 of the ’788 patent is anticipated by Fry
`
`B. Whether Fry is prior art under 35 USC s. 102(a)
`
`Patent Owner AVS’s motion to exclude Exhibits 1005 and 1011-1014
`
`II.
`
`III. Patent Owner AVS’s Motion to Amend (Non-Contingent Motion)
`
`A. Whether proposed substitute claim 22 is patentable
`
`B. Whether proposed substitute claim 23 is patentable
`
`C. Whether proposed substitute claim 24 is patentable
`
`D. Whether proposed substitute claim 25 is patentable
`
`E. Whether proposed substitute claim 26 is patentable
`
`F. Whether proposed substitute claim 27 is patentable
`
`
`
`1
`
`
`
`G. Whether proposed substitute claim 28 is patentable
`
`H. Whether proposed substitute claim 29 is patentable
`
`I. Whether proposed substitute claim 30 is patentable
`
`J. Whether proposed substitute claim 31 is patentable
`
`IV. Rebuttal on all matters properly before the Board
`
`
`
`Patent Owner AVS and Petitioner Toyota also respectfully request the
`
`ability to use audio visual equipment to display possible demonstrative exhibits,
`
`including the use of a projector and screen.
`
`
`
`
`
`
`
`Dated: July 10, 2014
`
`
`
`
`
`
`
`
`
`
`
`/Thomas J. Wimbiscus/
`
`Thomas J. Wimbiscus (Reg. No.
`36,059)
`
`MCANDREWS HELD & MALLOY
`500 West Madison, 34th Floor
`Chicago, IL 60661
`Telephone: (312) 775-8000
`Attorney for Patent Owner AVS
`
`
` Respectfully submitted,
`
`
`
`
`
`
`/A. Antony Pfeffer/
`A. Antony Pfeffer (Reg. No. 43,857)
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Tel: 212-425-7200
`Attorney for Petitioner Toyota Corp.
`
`
`
`
`
`
`2
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