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`571-272-7822
`Date Entered: February 27, 2015
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TOYOTA MOTOR NORTH AMERICA, INC., LLC, NISSAN NORTH
`AMERICA, INC., LLCFORD MOTOR COMPANY, JAGUAR LAND ROVER
`NORTH AMERICA LLC, SUBARU OF AMERICA, INC., and VOLVO CARS
`OF NORTH AMERICA LLC,
`Petitioner,
`
`v.
`
`CRUISE CONTROL TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00289
`Patent 6,324,463
`____________
`
`
`
`Before JOSIAH C. COCKS, HYUN J. JUNG, and GEORGE R. HOSKINS,
`Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Case IPR2014-00289
`Patent 6,324,463
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`
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`This is one of five related inter partes review proceedings that have been
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`scheduled for oral argument on either March 24, 2015 or March 25, 2015.
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`Specifically, oral argument for IPR2014-00279, IPR2014-00280, IPR2014-00281,
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`and IPR2014-00289 were scheduled for March 24, 2015, and oral argument for
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`IPR2014-00291 was scheduled for March 25, 2015. All five related proceedings
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`involve the same patent.
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`
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`In connection with IPR2014-00289, both parties requested oral argument.
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`Papers 35, 36. The requests are granted.
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`
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`Oral hearing for IPR2014-00289 will commence at 3:15 PM ET on
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`March 24, 2015. The hearing will be conducted on the ninth floor of Madison
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`Building East, 600 Dulany Street, Alexandria, Virginia 22314. The hearing will
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`be open to the public for in-person attendance, which will be accommodated on a
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`first-come, first-served basis. The Board will provide a court reporter for the
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`hearing, and the reporter’s transcript will constitute the official record of the
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`hearing.
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`
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`Each party will have 45 minutes of total argument time. Petitioner bears the
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`ultimate burden of proof that the claims at issue in this review are unpatentable.
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`Therefore, at oral hearing Petitioner will proceed first to present its case with
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`regard to the challenged claims on which basis we instituted trial. Petitioner may
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`reserve rebuttal time. Thereafter, Patent Owner will argue its opposition to
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`Petitioner’s case. Petitioner may use any time Petitioner reserved to rebut Patent
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`Owner’s opposition.
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`
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`Questions regarding specific audio-visual equipment should be directed to
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`the Board at (571) 272-9797. Requests for audio-visual equipment are to be made
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`5 days in advance of the hearing date. The request is to be sent to
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`Trials@uspto.gov. If the request is not received timely, the equipment may not be
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`2
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`Case IPR2014-00289
`Patent 6,324,463
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`available on the day of the hearing. The parties are reminded that the presenter
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`must identify clearly and specifically each demonstrative exhibit (e.g., by slide or
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`screen number) referenced during the hearing to ensure the clarity and accuracy of
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`the reporter’s transcript.
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`
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
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`business days prior to the hearing. The parties are further directed to file
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`demonstrative exhibits two business days prior to the hearing, and request a
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`conference call with the Board no later than two business days prior to the hearing
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`to resolve any dispute over the propriety of each party’s demonstrative exhibits.
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`The parties are responsible for requesting such a conference sufficiently in advance
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`of the hearing to accommodate this requirement. Any objection to demonstrative
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`exhibits that is not presented timely will be considered waived. The parties may
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`refer to CBS Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033
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`(PTAB October 23, 2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc.
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`v. The Board of Regents of the University of Michigan, IPR2013-00041 (PTAB
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`Jan. 27, 2014) (Paper 65) regarding the appropriate content of demonstrative
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`exhibits.
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`
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`The Board expects lead counsel for each party to be present in person at the
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`oral hearing. However, lead or backup counsel may present the party’s argument.
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`If either party anticipates that its lead counsel will not be attending the oral
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`argument, the parties should initiate a joint telephone conference with the Board no
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`later than two business days prior to the oral hearing to discuss the matter.
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`
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`It is
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`ORDERED that oral argument concerning IPR2014-00289 will commence
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`at 3:15 PM ET on March 24, 2015.
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`Case IPR2014-00289
`Patent 6,324,463
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`FOR PETITIONER:
`
`Matthew D. Satchwell
`Steven J. Reynolds
`DLA PIPER LLP (US)
`matthew.satchwell@dlapiper.com
`Subaru-CCT-IPR@dlapiper.com
`
`
`William H. Mandir
`SUGHRUE MION PLLC
`wmandir@sughrue.com
`
`
`Matthew J. Moore
`LATHAM & WATKINS LLP
`matthew.moore@lw.com
`
`FOR PATENT OWNER:
`
`John R. Kasha
`Kelly L. Kasha
`KASHA LAW LLC
`john.kasha@kashalaw.com
`kelly.kasha@kashalaw.com
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`4
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