`Tel: 571-272-7822
`
`
`Paper 36
`Entered: February 2, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CONTINENTAL AUTOMOTIVE SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`WASICA FINANCE GMBH & BLUEARC FINANCE AG,
`Patent Owner.
`_______________
`
`Case IPR2014-00295
`Patent 5,602,524
`_______________
`
`
`Before RAMA G. ELLURU, SCOTT A. DANIELS, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PLENZLER, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2014-00295
`Patent 5,602,524
`
`
`In the Revised Scheduling Order dated August 4, 2014 (Paper 20),
`oral argument was scheduled to be held on March 9, 2015, if requested by
`the parties. On January 29, 2015, Petitioner and Patent Owner each
`requested oral argument. Papers 32, 34. The requests are granted.
`Each party will have one hour of oral argument time. The oral
`argument will commence at 2:00 PM Eastern Time, on Monday, March 9,
`2015. The Board will provide a court reporter for the oral argument and the
`reporter’s transcript will constitute the official record of the oral argument.
`The hearing transcript will be entered in the record of this proceeding.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`patent claims at issue are unpatentable. Therefore, at oral argument,
`Petitioner will proceed first to present its case with respect to the challenged
`patent claims and grounds with respect to which the Board instituted trial.
`Petitioner may reserve rebuttal time to respond to Patent Owner’s argument.
`Patent Owner will respond to Petitioner’s initial presentation, having
`available to it the entirety of its allotted argument time. Thereafter,
`Petitioner may use the time it has reserved to rebut Patent Owner’s
`presentation.
`The oral argument will be open to the public for in-person attendance,
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia 22314. In-person attendance will be accommodated on a first-
`come, first-served basis. At least one member of the panel will be attending
`the oral argument remotely by use of two-way audio-visual communication
`equipment.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days before the hearing. The parties also shall provide a
`
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`IPR2014-00295
`Patent 5,602,524
`
`courtesy copy of any demonstrative exhibits to the Board at least five
`business days prior to the hearing by emailing them to Trials@uspto.gov.
`The parties shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board. The parties must initiate a
`conference call with the Board at least two business days prior to the hearing
`to resolve any dispute over the propriety of each party’s demonstrative
`exhibits. For guidance on what constitutes an appropriate demonstrative
`exhibit, the parties are directed to Paper 118 in CBS Interactive Inc. v.
`Wireless Sciences LLC, IPR2013-00033 (PTAB October 23, 2013). No live
`testimony from any witness will be taken at the oral argument.
`The Board expects lead counsel for each party to be present at oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. 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.
`
`
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`IPR2014-00295
`Patent 5,602,524
`
`For PETITIONER:
`
`Gary M. Ropski
`James K. Cleland
`John A. Lingl
`Nicholas a. Restauri
`BRINKS, GILSON & LIONE
`gropski@brinksgilson.com
`jcleland@brinksgilson.com
`jlingl@brinksgilson.com
`nrestauri@brinksgilson.com
`
`
`For PATENT OWNER:
`
`Michael T. Hawkins
`Patrick J. Bisenius
`Michael Kane
`FISH & RICHARDSON P.C.
`hawkins@fr.com
`bisenius@fr.com
`IPR2014-00295@fr.com
`
`
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