`571-272-7822
`
`
`
`Paper 38
`Entered: December 11, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VALEO NORTH AMERICA, INC., VALEO S.A., VALEO GMBH,
`VALEO SCHALTER UND SENSOREN GMBH, AND CONNAUGHT
`ELECTRONICS LTD.,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS, INC.,
`Patent Owner.
`
`
`
`Case IPR2014-00220
`Patent 7,859,565
`
`
`
`Before JAMESON LEE, PHILLIP J. KAUFFMAN, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`
`
`
`
`IPR2014-00220
`Patent 7,859,565
`
`
`The Scheduling Order for this case set the date for oral hearing on
`January 15, 2015, if a hearing is requested by the parties and granted by the
`Board. Paper 19. Both parties requested a hearing pursuant to 37 C.F.R.
`§ 42.70(a). Papers 35, 36. The request is granted.
`Each party will have forty-five (45) 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
`challenged claims and grounds with respect to which the Board instituted
`trial. Petitioner may reserve some of its argument time for rebuttal.
`Thereafter, Patent Owner will respond to Petitioner’s presentation,
`having available to it the entirety of its allotted argument time.
`Finally, Petitioner may make use of the time it has reserved to rebut
`Patent Owner’s opposing presentation with regard to the original patent
`claims.
`The hearing will commence at 1:00 PM Eastern Time on January 15,
`2015, 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
`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
`business days prior to the hearing, and the parties must initiate a conference
`call with the Board by two business days prior to the hearing to resolve any
`dispute over the propriety of each party’s demonstrative exhibits. Any
`
`2
`
`
`
`IPR2014-00220
`Patent 7,859,565
`
`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
`the appropriate content of demonstrative exhibits.
`
`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
`reporter’s transcript. The parties also should note that two panel members
`will be attending the hearings electronically from a remote location and that
`if a demonstrative is not filed or otherwise made fully available or visible to
`the judge presiding over the hearing remotely, that demonstrative will not be
`considered. If the parties have questions as to whether demonstrative
`exhibits would be sufficiently visible and available to all of the judges, the
`parties are invited to contact the Board at (571) 272-9797.
`The Board expects lead counsel for each party to be present at
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`Board should be notified via a joint telephone conference call no later than
`two days prior to the hearing to discuss the matter.
`
`
`
`3
`
`
`
`IPR2014-00220
`Patent 7,859,565
`
`For PETITIONER:
`
`Tammy J. Terry
`Seema Mehta
`Aly Z. Dossa
`OSHA LIANG LLP
`terry@oshaliang.com
`mehta@oshaliang.com
`dossa@oshaliang.com
`
`
`
`For PATENT OWNER:
`
`Timothy A. Flory
`Terence J. Linn
`GARDNER, LINN, BURKHART, & FLORY, LLP
`flory@glbf.com
`linn@glbf.com
`
`David K.S. Cornwell
`STERNE, KESSLER, GOLDSTEIN, & FOX PLLC
`davidc-PTAB@skgf.com
`
`
`4
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