`
`571-272-7822
`Date Entered: February 27, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NISSAN NORTH AMERICA, INC., FORD MOTOR COMPANY, JAGUAR
`LAND ROVER NORTH AMERICA LLC, SUBARU OF AMERICA INC.,
`TOYOTA MOTOR NORTH AMERICA, INC., and VOLVO CARS OF NORTH
`AMERICA LLC,
`Petitioner,
`
`v.
`
`CRUISE CONTROL TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00291
`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 IPR2014-00291
`Patent 6,324,463
`
`
`
`This is one of five related inter partes review proceedings that have been
`
`scheduled for oral argument on either March 24, 2015 or March 25, 2015.
`
`Specifically, oral argument for IPR2014-00279, IPR2014-00280, IPR2014-00281,
`
`and IPR2014-00289 were scheduled for March 24, 2015, and oral argument for
`
`IPR2014-00291 was scheduled for March 25, 2015. All five related proceedings
`
`involve the same patent.
`
`
`
`In connection with IPR2014-00291, both parties requested oral argument.
`
`Papers 36, 37. The requests are granted.
`
`
`
`Oral hearing for IPR2014-00291 will commence at 10:00 AM ET on
`
`March 25, 2015. The hearing will be conducted on the ninth floor of Madison
`
`Building East, 600 Dulany Street, Alexandria, Virginia 22314. The hearing will
`
`be open to the public for in-person attendance, which 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.
`
`
`
`Each party will have 45 minutes of total argument time. Petitioner bears the
`
`ultimate burden of proof that the claims at issue in this review are unpatentable.
`
`Therefore, at oral hearing Petitioner will proceed first to present its case with
`
`regard to the challenged claims on which basis we instituted trial. Petitioner may
`
`reserve rebuttal time. Thereafter, Patent Owner will argue its opposition to
`
`Petitioner’s case. Petitioner may use any time Petitioner reserved to rebut Patent
`
`Owner’s opposition.
`
`
`
`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
`
`
`
`2
`
`
`
`Case IPR2014-00291
`Patent 6,324,463
`
`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.
`
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`
`business days prior to the hearing. The parties are further directed to file
`
`demonstrative exhibits two business days prior to the hearing, and request a
`
`conference call with the Board no later than two business days prior to the hearing
`
`to resolve any dispute over the propriety of each party’s demonstrative exhibits.
`
`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 presented timely will be considered waived. The parties may
`
`refer to CBS Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033
`
`(PTAB October 23, 2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc.
`
`v. The Board of Regents of the University of Michigan, IPR2013-00041 (PTAB
`
`Jan. 27, 2014) (Paper 65) regarding the appropriate content of demonstrative
`
`exhibits.
`
`
`
`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 be attending the oral
`
`argument, the parties should initiate a joint telephone conference with the Board no
`
`later than two business days prior to the oral hearing to discuss the matter.
`
`
`
`
`
`It is
`
`ORDERED that oral argument concerning IPR2014-00291 will commence
`
`at 10:00 AM ET on March 25, 2015.
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2014-00291
`Patent 6,324,463
`
`
`
`PETITIONER:
`
`William H. Mandir
`John F. Rabena
`SUGHRUE MION PLLC
`wmandir@sughrue.com
`jrabena@sughrue.com
`
`
`Matthew D. Satchwell
`DLA PIPER LLP (US)
`matthew.satchwell@dlapiper.com
`
`
`Matthew J. Moore
`LATHAM & WATKINS LLP
`matthew.moore@lw.com
`
`PATENT OWNER:
`
`John R. Kasha
`KASHA LAW LLC
`john.kasha@kashalaw.com
`
`
`Kelly L. Kasha
`KASHA LAW LLC
`kelly.kasha@kashalaw.com
`
`
`
`
`
`
`4
`
`
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