`Entered: October 28, 2014
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`PNY TECHNOLOGIES, INC.
`Petitioner
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`v.
`PHISON ELECTRONICS CORP.
`Patent Owner
`_______________
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`Case IPR2013-004721
`Patent 7,518,879
`_______________
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`Before KEVIN F. TURNER, STEPHEN C. SIU, and RAMA G. ELLURU,
`Administrative Patent Judges.
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`TURNER, Administrative Patent Judge.
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`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
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`1 Case IPR2014-00150 has been joined with this proceeding.
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`IPR2013-00472
`Patent 7,518,879
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`The Revised Scheduling Order (Paper 19) for this proceeding provided that
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`an oral hearing would be conducted if the hearing is requested by the parties and
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`granted by the Board. Patent Owner has requested oral hearing pursuant to 37
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`C.F.R. § 42.70. Paper 30. The request is granted.2
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`Each side will have sixty (60) minutes to present argument. Petitioner bears
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`the ultimate burden of proof that Patent Owner’s claims at issue are unpatentable.
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`Thus, Petitioner will open the hearing by presenting its case regarding the
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`challenged claims for which we instituted trial. Petitioner may reserve some of its
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`argument time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s
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`presentation.
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`The hearing will commence at 1:00 PM on November 12, 2014, on the ninth
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`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. The
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`Board will provide a court reporter for the hearing and the reporter’s transcript will
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`constitute the official record of the hearing. The hearing will be open to the public
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`for in-person attendance that will be accommodated on a first-come, first-served
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`basis. If the parties have any concern about disclosing confidential information,
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`they are requested to contact the Board at least 7 days in advance of the hearing to
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`discuss the matter. At least one member of the panel will be attending the oral
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`argument remotely by use of two-way audiovisual communication equipment.
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`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
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`deposition testimony must file such testimony as an exhibit. The Board will not
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`consider any deposition testimony that has not been so filed.
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`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must be
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`served at least five business days before the hearing date. The parties also shall
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`2 Petitioner did not file a request for oral argument. If either party does not intend
`to participate at the hearing, the party shall contact the Board as soon as possible.
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`2
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`IPR2013-00472
`Patent 7,518,879
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`provide a courtesy copy of any demonstrative exhibits to the Board at least five
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`business days prior to the hearing by emailing them to Trials@uspto.gov. The
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`parties shall not file any demonstrative exhibits in this proceeding without prior
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`authorization from the Board.
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`The parties must file any objections to the demonstratives with the Board at
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`least two business days before the hearing. Any objection to demonstrative
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`exhibits that is not timely presented will be considered waived. The objections
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`should identify with particularity which demonstratives are subject to objection
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`and include a short (one sentence or less) statement of the reason for each
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`objection. No argument or further explanation is permitted. The Board will
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`consider the objections and schedule a conference if deemed necessary.
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`Otherwise, the Board will reserve ruling on the objections until after the oral
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`argument. The parties are directed to St. Jude Medical, Cardiology Division, Inc.
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`v. The Board of Regents of the University of Michigano IPR2013-00041 (PTAB
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`January 27, 2014) (Paper 65), for guidance regarding the appropriate content of
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`demonstrative exhibits. See also CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, IPR2013-00033, Paper 118 (PTAB October 23, 2013) (The Board
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`has the discretion to limit the parties’ demonstratives to pages in the record should
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`there be no easy resolution to objections over demonstratives). No live testimony
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`from any witness will be taken at the oral argument.
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`The Board expects lead counsel for each party to be present in person at the
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`oral hearing. However, any counsel of record may present the party’s argument. If
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`either party expects that its lead counsel will not be attending the oral argument,
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`the parties should initiate a joint telephone conference with the Board no later than
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`two business days prior to the oral hearing to discuss the matter.
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`3
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`IPR2013-00472
`Patent 7,518,879
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`Any special requests for audiovisual equipment should be directed to
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`Trials@uspto.gov. Requests for special equipment will not be honored unless
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`presented in a separate communication not less than five days before the hearing,
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`directed to the above email address.
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`4
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`IPR2013-00472
`Patent 7,518,879
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`For PETITIONER:
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`Mark E. Nikolsky
`Sanjiv M. Chokshi
`McCARTER & ENGLISH LLP
`mnikolsky@mccarter.com
`schokshi@mccarter.com
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`For PATENT OWNER:
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`Joshua A. Griswold
`David M. Hoffman
`FISH & RICHARDSON P.C.
`griswold@fr.com
`hoffman@fr.com
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`5