`571-272-7822
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`Paper 46
`Entered: January 8, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`WAVEMARKET INC. d/b/a LOCATION LABS,
`Petitioner,
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`v.
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`LOCATIONET SYSTEMS LTD.,
`Patent Owner.
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`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
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`
`
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`Before KRISTEN L. DROESCH, GLENN J. PERRY, and
`SHERIDAN K. SNEDDEN, Administrative Patent Judges.
`
`
`DROESCH, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`A trial was instituted on May 9, 2014. Paper 18. Both parties have
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`requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 41, 45. The
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`request is GRANTED. Please note that the date of oral hearing has
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`been changed from February 3, 2015 in the original Scheduling Order
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`to February 10, 2015. Specifically, the hearing will commence at
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`
`
`IPR2014-00199
`Patent 6,771,970 B1
`
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`9:30 AM ET, on February 10, 2015 on the ninth floor of Madison Building
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`East, 600 Dulany Street, Alexandria, Virginia.
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`Each party will have 30 minutes of total argument time. Petitioner
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`bears the ultimate burden of proof that the claim at issue in this review is
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`unpatentable. Therefore, at oral hearing Petitioner will proceed first to
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`present its case with regard to the challenged claim. Thereafter, Patent
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`Owner will argue its opposition to Petitioner’s case. Petitioner may then use
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`any time Petitioner has reserved to rebut Patent Owner’s opposition.
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`The hearing will be open to the public for in-person attendance,
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`accommodated on a first-come-first-serve basis. The Board will provide a
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`court reporter for the hearing, and the reporter’s transcript will constitute the
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`official record of the hearing.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`five (5) business days before the hearing. The parties are directed to CBS
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`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033,
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`Paper 118 (PTAB Oct. 23, 2013), regarding the appropriate content of
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`demonstrative exhibits. Any issue regarding demonstrative exhibits should
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`be resolved at least three (3) days prior to the hearing by way of a joint
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`telephone conference call to the Board. The parties are responsible for
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`requesting such a conference sufficiently in advance of the hearing to
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`accommodate this requirement. Any objection to demonstrative exhibits
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`that is not timely presented will be considered waived. Demonstratives
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`should be filed at the Board no later than two (2) days before the hearing.
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`A hard copy of the demonstratives should be provided to the court reporter
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`at the hearing.
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`2
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`
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`IPR2014-00199
`Patent 6,771,970 B1
`
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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)
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`referenced during the hearing to ensure the clarity and accuracy of the court
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`reporter’s transcript.
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`The Board expects lead counsel for each party to be present in person
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`at the oral hearing. However, lead or backup counsel may present the
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`party’s argument. If either party anticipates that its lead counsel will not
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`attend the oral argument, the parties should initiate a joint telephone
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`conference with the Board no later than two (2) business days prior to the
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`oral hearing to discuss the matter.
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`3
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`
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`IPR2014-00199
`Patent 6,771,970 B1
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`PETITIONER:
`
`Mark L. Hogge
`Scott W. Cummings
`DENTONS US LLP
`mark.hogge@dentons.com
`scott.cummings@dentons.com
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`
`PATENT OWNER:
`
`Thomas Engellenner
`Reza Mollaaghababa
`PEPPER HAMILTON LLP
`engellennert@pepperlaw.com
`mollaaghababar@pepperlaw.com
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`4
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