`Tel: 571-272-7822
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`Paper 19
`Entered: March 9, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`EIZO CORPORATION,
`Petitioner,
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`v.
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`BARCO N.V.,
`Patent Owner.
`_______________
`
`Case IPR2014-00358
`Patent RE43,707 E
`_______________
`
`
`Before KALYAN K. DESHPANDE, JAMES B. ARPIN, and
`DAVID C. McKONE, Administrative Patent Judges.
`
`
`DESHPANDE, Administrative Patent Judge.
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`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`Case IPR2014-00358
`Patent RE43,707 E
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`In the Scheduling Order dated July 23, 2014 (Paper 12), oral argument
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`was scheduled to be held on April 1, 2015, if requested by the parties.
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`Patent Owner has requested oral argument. Paper 18. The request is
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`granted.
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`Each party will have 30 minutes of oral argument time. The oral
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`argument will commence at 1:00 PM Eastern Time, on Wednesday, April 1,
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`2015. The Board will provide a court reporter for the oral argument and the
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`reporter’s transcript will constitute the official record of the oral argument.
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`The hearing transcript will be entered in the record of this proceeding.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s
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`patent claims at issue are unpatentable. Therefore, at oral argument,
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`Petitioner will proceed first to present its case with respect to the challenged
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`patent claims and grounds with respect to which the Board instituted trial.
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`Petitioner may reserve some of its argument time for use in further
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`presentation after Patent Owner has responded to Petitioner’s initial
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`presentation.
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`Patent Owner will respond to Petitioner’s initial presentation, having
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`available to it the entirety of its allotted argument time. Thereafter,
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`Petitioner may make use of the time it has reserved, to rebut Patent Owner’s
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`presentation.
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`The oral argument will be open to the public for in-person attendance,
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`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
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`Virginia 22314. In-person attendance will be accommodated on a first-
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`come, first-served basis.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`five business days before the hearing. The parties also shall provide the
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`Case IPR2014-00358
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`demonstrative exhibits to the Board at least 5 business days prior to the
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`hearing by emailing them to Trials@uspto.gov. The parties shall not file
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`any demonstrative exhibits in this case without prior authorization from the
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`Board. The parties may request a conference call with the Board not less
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`than two business days prior to the hearing to resolve any dispute over the
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`propriety of either party’s demonstrative exhibits. The parties are directed to
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`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
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`University of Michigan, IPR2013-00041, slip op. 2–5 (PTAB Jan. 27, 2014)
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`(Paper 65), for guidance regarding the appropriate content of demonstrative
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`exhibits. No live testimony from any witness will be taken at the oral
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`argument.
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`The parties are reminded that the presenter must identify clearly and
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`specifically each demonstrative exhibit (e.g., by slide or screen number)
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`referenced during the hearing to ensure the clarity and accuracy of the
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`reporter’s transcript. The parties also should note that, because members of
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`the panel will be attending the hearing electronically from remote locations,
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`if a demonstrative is not made available, as indicated above, or made visible
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`to both judges attending the hearing remotely, that demonstrative will not be
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`considered. If the parties have questions as to whether demonstrative
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`exhibits would be sufficiently visible and available to all of the judges, the
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`parties are invited to contact the Board at 571-272-9797. The Board expects
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`lead counsel for each party to be present at oral hearing, although any
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`backup counsel may make the actual presentation, in whole or in part.
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`Requests for audio-visual equipment are to be made 5 days in advance of the
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`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
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`not received timely, the equipment may not be available on the day of the
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`Case IPR2014-00358
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`hearing.
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`Case IPR2014-00358
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`For PETITIONER:
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`Marc K. Weinstein
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`marcweinstein@quinnemanual.com
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`For PATENT OWNER:
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`Kerry T. Hartman
`HARTMAN PATENTS PLLC
`khartman@hartmanpatents.com
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`Jeffrey C. Morgan
`BARNES & THORNBURG LLP
`jeff.morgan@BTlaw.com
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