`571-272-7822
`
`
`
` Paper 57
` Entered: November 17, 2014
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BROADCOM CORPORATION,
`Petitioner,
`
`v.
`
`WI-FI ONE, INC.,
`Patent Owner.
`
`
`Case IPR2013-00601 (Patent 6,772,215)
`Case IPR2013-00602 (Patent 6,466,568)
`Case IPR2013-00636 (Patent 6,424,625)1
`
`
`
`Before KARL D. EASTHOM, KALYAN K. DESHPANDE, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`1 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.
`
`
`
`Case IPR2013-00601, -00602, -00636
`Patent 6,772,215; 6,466,568; 6,424,625
`
`
`The Scheduling Order for this case set the date for oral hearing on
`
`December 8, 2014, if a hearing is requested by the parties and granted by the
`
`Board. Paper 30.2 Both parties requested a hearing pursuant to 37 C.F.R.
`
`§ 42.70(a). Papers 52, 54. The request is granted.
`
`Each party will have ninety (90) minutes of total time to present
`
`arguments. Petitioner bears the ultimate burden of proof that Patent
`
`Owner’s original patent claims at issue are unpatentable. Therefore, at oral
`
`hearing, Petitioner will proceed first to present its case with respect to the
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`challenged claims and grounds with respect to which the Board instituted
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`trial. Petitioner may reserve some of its argument time, both for rebuttal and
`
`for responding to Patent Owner’s presentation on Patent Owner’s Motion to
`
`Amend.
`
`Thereafter, Patent Owner will respond to Petitioner’s presentation,
`
`having available to it the entirety of its allotted argument time. During this
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`time, the Patent Owner also may present its Motion to Amend. In that
`
`regard, note that the Patent Owner bears the burden of proof with regard to
`
`the proposed substitute claims. The Patent Owner may reserve some of its
`
`argument time for rebuttal to respond to Petitioner’s opposing presentation
`
`on Patent Owner’s Motion to Amend.
`
`Thereafter, Petitioner may make use of the time it has reserved to
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`rebut Patent Owner’s opposing presentation with regard to the original
`
`patent claims and to oppose Patent Owner’s initial presentation with regard
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`to Patent Owner’s proposed substitute claims.
`
`
`
`2 IPR2013-00601 is representative. All citations are to IPR2013-00601
`unless otherwise noted.
`
`2
`
`
`
`Case IPR2013-00601, -00602, -00636
`Patent 6,772,215; 6,466,568; 6,424,625
`
`
`Finally, Patent Owner may make use of the time it has reserved to
`
`make rebuttal presentation with regard to its Motion to Amend.
`
`The hearing will commence at 1:00 PM Eastern Time on
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`December 8, 2014, and 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 hearing and the
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`reporter’s transcript will constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`
`business days prior to the hearing. They shall be filed at the Board two
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`business days prior to the hearing, and the parties must initiate a conference
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`call with the Board by two business days prior to the hearing to resolve any
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`dispute over the propriety of each party’s demonstrative exhibits. Any
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`dispute over the propriety of demonstrative exhibits that is not timely
`
`presented two business days prior to the hearing will be considered waived.
`
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`
`Licensing, LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding
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`the appropriate content of demonstrative exhibits.
`
`
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`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. Requests for audio-visual
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`equipment are to be made 5 days in advance of the hearing date. The
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`request is to be sent to Trials@uspto.gov. If the request is not received
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`timely, the equipment may not be available on the day of the hearing.
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`The parties are reminded that the presenter must identify clearly and
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`specifically each demonstrative exhibit (e.g., by slide or screen number)
`
`referenced during the hearing to ensure the clarity and accuracy of the
`
`3
`
`
`
`Case IPR2013-00601, -00602, -00636
`Patent 6,772,215; 6,466,568; 6,424,625
`
`
`reporter’s transcript. The parties also should note that one panel member will
`
`be attending the hearings electronically from a remote location and that if a
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`demonstrative is not filed or otherwise made fully available or visible to the
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`judge presiding over the hearing remotely, that demonstrative will not be
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`considered. If the parties have questions as to whether demonstrative
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`exhibits would be sufficiently visible and available to all of the judges, the
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`parties are invited to contact the Board at (571) 272-9797.
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`The Board expects lead counsel for each party to be present at
`
`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If any lead counsel will not be in attendance at hearing, the
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`Board should be notified via a joint telephone conference call no later than
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`two days prior to the hearing to discuss the matter.
`
`
`
`
`
`4
`
`
`
`Case IPR2013-00601, -00602, -00636
`Patent 6,772,215; 6,466,568; 6,424,625
`
`
`For PETITIONER:
`
`Dominic E. Massa
`Michael A. Diener
`WILMER CUTLER PICKERING HALE AND DORR LLP
`dominic.massa@wilmerhale.com
`michael.diener@wilmerhale.com
`
`For PATENT OWNER:
`
`Peter J. Ayers
`J. Christopher Lynch
`LEE & HAYES PLLC
`peter@leehayes.com
`chris@leehayes.com
`
`5
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`