`Tel: 571-272-7822
`
`
`
`
`Paper 51
`Entered: November 12, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`WINTEK CORPORATION,
`Petitioner,
`
`v.
`
`TPK TOUCH SOLUTIONS,
`Patent Owner.
`_______________
`
`Case IPR2013-005671
`Case IPR2013-005682
`Patent 8,217,902 B2
`_______________
`
`Before TONI R. SCHEINER, JOSIAH C. COCKS, and
`RICHARD E. RICE, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 IPR2014-00541 has been joined with IPR2013-00567. See IPR2013-
`00567, Paper 23.
`2 This Order addresses matters pertaining to all identified proceedings.
`Therefore, we exercise our discretion to issue one Order to be filed in each
`of IPR2013-00567 and IPR2013-00568. The parties are not authorized to
`use this style heading for any subsequent papers.
`
`
`
`IPR2013-00567; IPR2013-00568
`Patent 8,217,902 B2
`
`The date for oral hearing in these proceedings has been set to
`
`December 12, 2014 (IPR2013-00567, Paper 21; IPR2013-00568, Paper 23).
`Both parties have requested an oral hearing pursuant to 37 C.F.R. § 42.70.
`IPR2013-00567, Papers 46, 47; IPR2013-00568, Papers 47, 48. The
`requests are granted.
`Oral hearing will commence at 10:00 AM ET on December 12, 2014.
`The hearing will be conducted on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia 22314. The hearing will be open to
`the public for in-person attendance, which will be accommodated on a first-
`come, first-served basis. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`Each party will have 60 minutes of total argument time in connection
`with all identified proceedings. Petitioner bears the ultimate burden of proof
`that the claims at issue in these proceedings are unpatentable. Therefore, at
`oral hearing Petitioner will proceed first to present its case with regard to the
`challenged claims on which basis we instituted trial. Petitioner may reserve
`rebuttal time. Thereafter, Patent Owner will argue its opposition to
`Petitioner’s case.
`
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. 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.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`
`
`
`2
`
`
`
`IPR2013-00567; IPR2013-00568
`Patent 8,217,902 B2
`
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. The parties are further directed to
`file demonstrative exhibits two business days prior to the hearing, and
`request a conference call with the Board no later than two business days
`prior to the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. The parties are responsible for requesting such a
`conference sufficiently in advance of the hearing to accommodate this
`requirement. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived. The parties may refer to CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23,
`2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc. v. The Board
`of Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`It is
`ORDERED that oral argument will commence at 10:00 AM ET, on
`December 12, 2014.
`
`
`
`
`3
`
`
`
`IPR2013-00567; IPR2013-00568
`Patent 8,217,902 B2
`
`PETITIONER:
`
`Joseph E. Palys
`Naveen Modi
`PAUL HASTINGS LLP
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`
`PATENT OWNER:
`
`Joseph J. Richetti
`BRYAN CAVE LLP
`joe.richetti@bryancave.com
`
`David Bilsker
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`davidbilsker@quinnemanuel.com
`
`
`
`
`4
`
`
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