`571-272-7822
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`
`
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` Paper 30
`Entered: July 30, 2014
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR CORPORATION,
`Petitioner,
`
`v.
`
`LEROY G. HAGENBUCH,
`Patent Owner.
`____________
`
`Case IPR2013-00483
`Patent 8,014,917 B2
`____________
`
`
`
`Before JAMESON LEE, MICHAEL W. KIM, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`Case IPR2013-00483
`Patent 8,014,917 B2
`
`
`In the Scheduling Order dated February 4, 2014 (Paper 10), oral argument
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`was scheduled to be held on August 27, 2014, if requested by the parties. On
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`July 24, 2014, both Petitioner and Patent Owner requested oral argument.
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`Papers 28, 29. The requests are granted.
`
`Each party will have 60 minutes of oral argument time. The oral argument
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`will commence at 1:00 PM Eastern Time, on Wednesday, August 27, 2014. The
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`Board will provide a court reporter for the oral argument and the reporter’s
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`transcript will constitute the official record of the oral argument. The hearing
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`transcript will be entered in the record of this proceeding.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s patent
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`claims at issue are unpatentable. Therefore, at oral argument, Petitioner will
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`proceed first to present its case with respect to the challenged patent claims and
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`grounds with respect to which the Board instituted trial. Petitioner may reserve
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`some of its argument time for use in further presentation after Patent Owner has
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`responded to Petitioner’s initial presentation.
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`Patent Owner will respond to Petitioner’s initial presentation, having
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`available to it the entirety of its allotted argument time. Thereafter, Petitioner may
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`make use of the time it has reserved, to rebut Patent Owner’s presentation.
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`The oral argument will be open to the public for in-person attendance, on the
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`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia
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`22314. In-person attendance will be accommodated on a first-come, first-served
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`basis. At least one member of the panel will be attending the oral argument
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`remotely by use of two-way audio-visual communication equipment.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
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`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
`
`
`
`2
`
`
`
`Case IPR2013-00483
`Patent 8,014,917 B2
`
`
`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
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`an appropriate demonstrative exhibit, the parties are directed to Paper 118 in CBS
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`Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB October 23,
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`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.
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`If lead counsel for either party will not be in attendance at oral hearing, the Board
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`should be notified via a joint telephone conference call no later than two business
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`days prior to the oral hearing to discuss the matter.
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`Requests for audio-visual equipment are to be made 5 days in advance of the
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`hearing date. The request is to be sent to Trials@uspto.gov. If the request is not
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`received timely, the equipment may not be available on the day of the hearing.
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`
`
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`
`
`3
`
`
`
`Case IPR2013-00483
`Patent 8,014,917 B2
`
`
`
`
`For Petitioner:
`
`Robert C. Mattson
`John S. Kern
`cpdocketmattson@oblon.com
`cpdocketkern@oblon.com
`
`
`For Patent Owner:
`
`John B. Conklin
`jconklin@leydig.com
`
`
`
`4
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`
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