`571-272-7822
`
`
`
`
`
` Paper 37
`Entered: July 16, 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 IPR2013-00424
`Patent 5,845,000
`____________
`
`
`
`Before JAMESON LEE, TREVOR M. JEFFERSON, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`Case IPR2013-00424
`Patent 5,845,000
`
`
`On July 10, 2014, the parties filed a joint request for oral argument. Paper
`36. The parties requested a “concurrent” oral argument for this proceeding and
`IPR2013-00419 be held on the day this proceeding has been scheduled for oral
`argument, i.e., Friday, August 15, 2014, rather than separate oral arguments for
`these two proceedings on Friday, August 15, 2014, and Monday, August 18, 2014.
`In a telephone conference held on July 14, 2014, between respective counsel for
`the parties and Judges Lee and Jefferson, the parties explained that although they
`prefer the oral argument date to be August 15, 2014, they also can attend a
`consolidated oral argument on August 18, 2014. The parties also noted that the
`involved patent in IPR2013-00424 is an ancestral patent with respect to the
`involved patent in IPR2013-00419.
`The request is granted-in-part.
`A consolidated oral argument for IPR2013-00419 and IPR2013-00424 will
`be held, not on August 15, 2014, but on August 18, 2014. Each party will have 90
`minutes of oral argument time for both proceedings. The oral argument will
`commence at 1:00 PM Eastern Time, on Monday, August 18, 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 both IPR2013-00419 and IPR2013-
`00424.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s patent
`claims at issue are unpatentable. Therefore, at oral argument, Petitioner will
`proceed first to present its case with respect to the challenged patent claims and
`grounds in both proceedings with respect to which the Board instituted trial.
`
`
`
`2
`
`
`
`Case IPR2013-00424
`Patent 5,845,000
`
`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-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 IPR2013-00424
`Patent 5,845,000
`
`For PETITIONER:
`Matthew Berkowitz
`Antony Pfeffer
`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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