`571-272-7822
`
`
`
`
`
` Paper 54
`Entered: July 17, 2014
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR CORPORATION,
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES LLC,
`Patent Owner.
`____________
`
`Case IPR2013-00417
`Patent 8,036,788
`____________
`
`
`
`Before JAMESON LEE, BARBARA A. PARVIS, and GREGG I. ANDERSON,
`Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`Case IPR2013-00417
`Patent 8,036,788
`
`
`On July 10, 2014, the parties filed a joint request for oral argument. Paper
`50. The parties requested a concurrent oral argument for this case and IPR2013-
`00414, IPR2013-00415, and IPR2013-00416 to be held on Thursday, August 14,
`2014. The parties requested two and one-half hours of argument time per side
`(five hours total).
`The request is granted-in-part.
`A consolidated oral argument for IPR2013-00414, IPR2013-00415,
`IPR2013-00416, and IPR2013-00417 will be held on August 14, 2014. Each party
`will have 2 hours of oral argument time (four hours total) for the four proceedings.
`The oral argument will commence at 1:00 PM Eastern Time, on Thursday, August
`14, 2014.
`Any representation made by counsel at the consolidated hearing is
`applicable to and useable in all proceedings which have underlying basis for the
`representation. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. The hearing
`transcript will be entered in the record of each of IPR2013-00414, IPR2013-00415,
`IPR2013-00416, and IPR2013-00417.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s patent
`claims at issue are unpatentable. Patent Owner bears the burden of proof to
`establish that it is entitled to the relief requested in the motion to amend.
`Therefore, at oral argument, 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. Patent Owner will then respond to Petitioner’s argument and
`also argue in support of its motion to amend claims.
`
`Each party may reserve time to respond to arguments presented by the other
`party with some limitations. More specifically, to the extent that Petitioner
`
`
`
`2
`
`
`
`Case IPR2013-00417
`Patent 8,036,788
`
`reserves time, it may respond to Patent Owner’s presentation on all matters. To the
`extent that Patent Owner reserves time, it may respond to Petitioner’s arguments
`opposing the motion to amend claims.
`
`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-serve basis.
`
`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
`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). No live testimony from any witness will be taken at the oral argument.
`
`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.
`Requests for audio-visual equipment are to be made 5 days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the hearing.
`
`
`
`
`
`3
`
`
`
`Case IPR2013-00417
`Patent 8,036,788
`
`For PETITIONER:
`Antony Pfeffer
`Matthew Berkowitz
`Thomas Makin
`mberkowitz@kenyon.com
`apfeffer@kenyon.com
`tmakin@kenyon.com
`
`
`For Patent Owner:
`Thomas Wimbiscus
`Christopher Scharff
`Scott McBride
`twimbiscus@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`
`
`
`
`
`
`
`4
`
`
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