Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`Paper 55
`Entered: August 8, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CARDIOCOM, LLC,
`Petitioner,
`
`v.
`
`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2013-00431 (Patent 7,921,186 B2)
`Case IPR2013-00449 (Patent 7,840,420 B2)
`Case IPR2013-00451 (Patent 7,587,469 B2)
`Case IPR2013-00468 (Patent 7,516,192 B2)1
`
`
`
`Before STEPHEN C. SIU, JUSTIN T. ARBES, BRYAN F. MOORE,
`TRENTON A. WARD, and MIRIAM L. QUINN, Administrative Patent
`Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 Case IPR2013-00469 has been joined with Case IPR2013-00468. This
`Order addresses issues pertaining to all four 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.
`
`
`
`
`Tel: 571-272-7822
`
`
`
`Paper 55
`Entered: August 8, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CARDIOCOM, LLC,
`Petitioner,
`
`v.
`
`ROBERT BOSCH HEALTHCARE SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2013-00431 (Patent 7,921,186 B2)
`Case IPR2013-00449 (Patent 7,840,420 B2)
`Case IPR2013-00451 (Patent 7,587,469 B2)
`Case IPR2013-00468 (Patent 7,516,192 B2)1
`
`
`
`Before STEPHEN C. SIU, JUSTIN T. ARBES, BRYAN F. MOORE,
`TRENTON A. WARD, and MIRIAM L. QUINN, Administrative Patent
`Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 Case IPR2013-00469 has been joined with Case IPR2013-00468. This
`Order addresses issues pertaining to all four 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.
`
`
`
`
`
`IPR2013-00431, IPR2013-00449, IPR2013-00451, and
`IPR2013-00468
`
`
`Petitioner and Patent Owner requested a hearing in each of the above
`
`proceedings pursuant to 37 C.F.R. § 42.70(a). See IPR2013-00431, Papers
`
`50, 51; IPR2013-00449, Papers 51, 52; IPR2013-00451, Papers 51, 52;
`
`IPR2013-00468, Papers 55, 56. The requests are granted.
`
`Each party will have forty-five (45) minutes of time to present
`
`arguments for each of the four proceedings. Petitioner bears the ultimate
`
`burden of proof that the challenged claims are unpatentable. Therefore, for
`
`each proceeding, Petitioner will proceed first to present its case as to the
`
`challenged claims, and may reserve rebuttal time. Patent Owner then will
`
`respond to Petitioner’s case. After that, Petitioner may use the rest of its
`
`time to respond to Patent Owner’s presentation.
`
`The hearings for the four proceedings will take place on September 9,
`
`2014, and will proceed in the following sequence. The hearing for Case
`
`IPR2013-00449 will commence at 9:00 AM Eastern Time, followed
`
`immediately by the hearing for Case IPR2013-00451 and then a short lunch
`
`break. The hearing for Case IPR2013-00431 will commence at 1:30 PM
`
`Eastern Time, followed immediately by the hearing for Case
`
`IPR2013-00468.2 The hearings will be open to the public for in-person
`
`attendance on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia. In-person attendance will be accommodated on a first
`
`come, first served basis. The Board will provide a court reporter for the
`
`hearings, and the reporter’s transcripts will constitute the official record of
`
`the hearings.
`
`
`2 If the parties believe that any of the proceedings can be argued together,
`or that a different sequence would be more efficient, the parties may request
`a conference call.
`
`
`
`2
`
`
`
`IPR2013-00431, IPR2013-00449, IPR2013-00451, and
`IPR2013-00468
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five business days prior to the hearings. The parties shall confer with each
`
`other regarding any objections to demonstrative exhibits in each proceeding,
`
`and file demonstrative exhibits with the Board at least two business days
`
`prior to the hearing. For any issue that cannot be resolved after conferring
`
`with the opposing party, the parties may file jointly a one-page list of
`
`objections at least two business days prior to the hearing. The list should
`
`identify with particularity which demonstrative exhibits are subject to
`
`objection and include a short statement (no more than one sentence) of the
`
`reason for each objection. No argument or further explanation is permitted.
`
`We will consider the objections and schedule a conference call if necessary.
`
`Otherwise, we will reserve ruling on the objections until after the hearing.
`
`Any objection to demonstrative exhibits that is not presented timely will be
`
`considered waived.
`
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`
`Licensing, LLC, IPR2013-00033, slip op. (PTAB Oct. 23, 2013) (Paper
`
`118), regarding the appropriate content of demonstrative exhibits. The
`
`parties are reminded that the presenter must identify clearly and specifically
`
`each demonstrative exhibit (e.g., by slide or screen number) referenced
`
`during the hearings to ensure the clarity and accuracy of the reporter’s
`
`transcripts. The parties also should note that one member of the panel for
`
`each proceeding will be attending the hearings electronically from a remote
`
`location and that if a demonstrative exhibit is not filed or otherwise made
`
`fully available or visible to the judge presiding over the hearing remotely,
`
`that demonstrative exhibit will not be considered.
`
`
`
`3
`
`
`
`IPR2013-00431, IPR2013-00449, IPR2013-00451, and
`IPR2013-00468
`
`
`The Board expects lead counsel for Petitioner and Patent Owner to be
`
`present at the hearings, although any back-up counsel may make the actual
`
`presentation, in whole or in part. If lead counsel for either party will not be
`
`in attendance at the hearings, the Board should be notified via a joint
`
`conference call no later than two days prior to the hearings to discuss the
`
`matter.
`
`Requests for audio-visual equipment at the hearings are to be made
`
`five days in advance of the hearing date. The requests must be sent to
`
`Trials@uspto.gov. If the requests are not received timely, equipment may
`
`not be available on the day of the hearings. Further, if the parties have
`
`questions as to whether demonstrative exhibits would be sufficiently visible
`
`and available to all of the judges, the parties are invited to contact the Board
`
`at 571-272-9797.
`
`
`
`
`
`4
`
`
`
`IPR2013-00431, IPR2013-00449, IPR2013-00451, and
`IPR2013-00468
`
`PETITIONER:
`
`Daniel W. McDonald
`Andrew J. Lagatta
`William D. Schultz
`Thomas J. Leach
`Jeffrey D. Blake
`MERCHANT & GOULD, P.C.
`dmcdonald@merchantgould.com
`alagatta@merchantgould.com
`wschultz@merchantgould.com
`tleach@merchantgould.com
`jblake@merchantgould.com
`
`
`
`PATENT OWNER:
`
`Don Daybell
`Davin M. Stockwell
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`D2DPTABDocket@orrick.com
`D2SPTABDocket@orrick.com
`
`5
`
`
`
`
`
`
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