`Tel: 571-272-7822
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`Paper 60
`Entered: August 8, 2014
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`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.
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`
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`
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`IPR2013-00431, IPR2013-00449, IPR2013-00451, and
`IPR2013-00468
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`Petitioner and Patent Owner requested a hearing in each of the above
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`proceedings pursuant to 37 C.F.R. § 42.70(a). See IPR2013-00431, Papers
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`50, 51; IPR2013-00449, Papers 51, 52; IPR2013-00451, Papers 51, 52;
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`IPR2013-00468, Papers 55, 56. The requests are granted.
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`Each party will have forty-five (45) minutes of time to present
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`arguments for each of the four proceedings. Petitioner bears the ultimate
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`burden of proof that the challenged claims are unpatentable. Therefore, for
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`each proceeding, Petitioner will proceed first to present its case as to the
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`challenged claims, and may reserve rebuttal time. Patent Owner then will
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`respond to Petitioner’s case. After that, Petitioner may use the rest of its
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`time to respond to Patent Owner’s presentation.
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`The hearings for the four proceedings will take place on September 9,
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`2014, and will proceed in the following sequence. The hearing for Case
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`IPR2013-00449 will commence at 9:00 AM Eastern Time, followed
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`immediately by the hearing for Case IPR2013-00451 and then a short lunch
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`break. The hearing for Case IPR2013-00431 will commence at 1:30 PM
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`Eastern Time, followed immediately by the hearing for Case
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`IPR2013-00468.2 The hearings will be open to the public for in-person
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`attendance on the ninth floor of Madison Building East, 600 Dulany Street,
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`Alexandria, Virginia. In-person attendance will be accommodated on a first
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`come, first served basis. The Board will provide a court reporter for the
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`hearings, and the reporter’s transcripts will constitute the official record of
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`the hearings.
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`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.
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`2
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`
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`IPR2013-00431, IPR2013-00449, IPR2013-00451, and
`IPR2013-00468
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`five business days prior to the hearings. The parties shall confer with each
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`other regarding any objections to demonstrative exhibits in each proceeding,
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`and file demonstrative exhibits with the Board at least two business days
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`prior to the hearing. For any issue that cannot be resolved after conferring
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`with the opposing party, the parties may file jointly a one-page list of
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`objections at least two business days prior to the hearing. The list should
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`identify with particularity which demonstrative exhibits are subject to
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`objection and include a short statement (no more than one sentence) of the
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`reason for each objection. No argument or further explanation is permitted.
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`We will consider the objections and schedule a conference call if necessary.
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`Otherwise, we will reserve ruling on the objections until after the hearing.
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`Any objection to demonstrative exhibits that is not presented timely will be
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`considered waived.
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`The parties are directed to CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, IPR2013-00033, slip op. (PTAB Oct. 23, 2013) (Paper
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`118), regarding the appropriate content of demonstrative exhibits. The
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`parties are reminded that the presenter must identify clearly and specifically
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`each demonstrative exhibit (e.g., by slide or screen number) referenced
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`during the hearings to ensure the clarity and accuracy of the reporter’s
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`transcripts. The parties also should note that one member of the panel for
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`each proceeding will be attending the hearings electronically from a remote
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`location and that if a demonstrative exhibit is not filed or otherwise made
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`fully available or visible to the judge presiding over the hearing remotely,
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`that demonstrative exhibit will not be considered.
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`3
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`
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`IPR2013-00431, IPR2013-00449, IPR2013-00451, and
`IPR2013-00468
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`The Board expects lead counsel for Petitioner and Patent Owner to be
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`present at the hearings, although any back-up counsel may make the actual
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`presentation, in whole or in part. If lead counsel for either party will not be
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`in attendance at the hearings, the Board should be notified via a joint
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`conference call no later than two days prior to the hearings to discuss the
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`matter.
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`Requests for audio-visual equipment at the hearings are to be made
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`five days in advance of the hearing date. The requests must be sent to
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`Trials@uspto.gov. If the requests are not received timely, equipment may
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`not be available on the day of the hearings. Further, if the parties have
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`questions as to whether demonstrative exhibits would be sufficiently visible
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`and available to all of the judges, the parties are invited to contact the Board
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`at 571-272-9797.
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`4
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`
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`IPR2013-00431, IPR2013-00449, IPR2013-00451, and
`IPR2013-00468
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`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
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`
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`PATENT OWNER:
`
`Don Daybell
`Davin M. Stockwell
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`D2DPTABDocket@orrick.com
`D2SPTABDocket@orrick.com
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`5