throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`Paper 46
`Entered: January 8, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`WAVEMARKET INC. d/b/a LOCATION LABS,
`Petitioner,
`
`v.
`
`LOCATIONET SYSTEMS LTD.,
`Patent Owner.
`
`
`
`
`
`
`
`
`Case IPR2014-00199
`Patent 6,771,970 B1
`
`
`
`
`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
`
`A trial was instituted on May 9, 2014. Paper 18. Both parties have
`
`requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 41, 45. The
`
`request is GRANTED. Please note that the date of oral hearing has
`
`been changed from February 3, 2015 in the original Scheduling Order
`
`to February 10, 2015. Specifically, the hearing will commence at
`
`

`

`IPR2014-00199
`Patent 6,771,970 B1
`
`
`9:30 AM ET, on February 10, 2015 on the ninth floor of Madison Building
`
`East, 600 Dulany Street, Alexandria, Virginia.
`
`Each party will have 30 minutes of total argument time. Petitioner
`
`bears the ultimate burden of proof that the claim at issue in this review is
`
`unpatentable. Therefore, at oral hearing Petitioner will proceed first to
`
`present its case with regard to the challenged claim. Thereafter, Patent
`
`Owner will argue its opposition to Petitioner’s case. Petitioner may then use
`
`any time Petitioner has reserved to rebut Patent Owner’s opposition.
`
`The hearing will be open to the public for in-person attendance,
`
`accommodated on a first-come-first-serve basis. The Board will provide a
`
`court reporter for the hearing, and the 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 (5) business days before the hearing. The parties are directed to CBS
`
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033,
`
`Paper 118 (PTAB Oct. 23, 2013), regarding the appropriate content of
`
`demonstrative exhibits. Any issue regarding demonstrative exhibits should
`
`be resolved at least three (3) days prior to the hearing by way of a joint
`
`telephone conference call to the Board. 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 timely presented will be considered waived. Demonstratives
`
`should be filed at the Board no later than two (2) days before the hearing.
`
`A hard copy of the demonstratives should be provided to the court reporter
`
`at the hearing.
`
`2
`
`

`

`IPR2014-00199
`Patent 6,771,970 B1
`
`
`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)
`
`referenced during the hearing to ensure the clarity and accuracy of the court
`
`reporter’s transcript.
`
`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
`
`attend the oral argument, the parties should initiate a joint telephone
`
`conference with the Board no later than two (2) business days prior to the
`
`oral hearing to discuss the matter.
`
`3
`
`

`

`IPR2014-00199
`Patent 6,771,970 B1
`
`PETITIONER:
`
`Mark L. Hogge
`Scott W. Cummings
`DENTONS US LLP
`mark.hogge@dentons.com
`scott.cummings@dentons.com
`
`
`PATENT OWNER:
`
`Thomas Engellenner
`Reza Mollaaghababa
`PEPPER HAMILTON LLP
`engellennert@pepperlaw.com
`mollaaghababar@pepperlaw.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`

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