Trials@uspto.gov
`Tel: 571‐272‐7822
`
`
`IPR2014‐00416, Paper 34
`IPR2014‐00417, Paper 43
`Entered: March 27, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BROSE NORTH AMERICA, INC.
`and
`BROSE FAHRZEUGTEILE GMBH & CO. KG, HALLSTADT,
`Petitioner,
`
`v.
`
`UUSI, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00416
`Patent 8,217,612
`
`Case IPR2014-00417
`Patent 7,579,8021
`____________
`
`1 This Order addresses scheduling that is identical in the listed cases. We
`exercise our discretion to issue a single paper to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`Before GLENN J. PERRY, HYUN J. JUNG, and JASON J. CHUNG,
`Administrative Patent Judges.
`
`
`PERRY, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`Tel: 571‐272‐7822
`
`
`IPR2014‐00416, Paper 34
`IPR2014‐00417, Paper 43
`Entered: March 27, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BROSE NORTH AMERICA, INC.
`and
`BROSE FAHRZEUGTEILE GMBH & CO. KG, HALLSTADT,
`Petitioner,
`
`v.
`
`UUSI, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00416
`Patent 8,217,612
`
`Case IPR2014-00417
`Patent 7,579,8021
`____________
`
`1 This Order addresses scheduling that is identical in the listed cases. We
`exercise our discretion to issue a single paper to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`Before GLENN J. PERRY, HYUN J. JUNG, and JASON J. CHUNG,
`Administrative Patent Judges.
`
`
`PERRY, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`IPR2014-00416 and IPR2014-00417
`Patent 8,217,612 and Patent 7,579,802
`
`
`
`
`
`ORDER
`Conduct of the Proceedings – Oral Argument
`37 C.F.R. § 42.5
`
`The parties requested oral argument2 in each of these proceedings
`pursuant to 37 C.F.R. § 42.70. IPR2014-00416, Papers 31 and 33; IPR2014-
`00417, Papers 40 and 42. The requests are granted.
`Oral argument for these proceedings will be conducted on April 30,
`2015. Both cases will be argued together. Each party will have 90 minutes
`of total argument time. Petitioner bears the ultimate burden of proof that the
`claims at issue in this review are unpatentable. Therefore, Petitioner will
`proceed first to present its case with regard to the challenged claims on
`which basis we instituted trial. Thereafter, Patent Owner will respond to
`Petitioner’s case. After that, Petitioner may make use of the rest of its time
`responding to Patent Owner. Outstanding Motions may be argued during
`moving party’s allotted time.
`There is a strong public policy interest in making all information
`presented in these proceedings public, as the review determines the
`patentability of claims in an issued patent and thus affects the rights of the
`public. This policy is reflected in part, for example, in 35 U.S.C. § 316(a)(1)
`and 35 U.S. C. § 326(a)(1), which provide that the file of any inter partes
`review or post grant review be made available to the public, except that any
`petition or document filed with the intent that it be sealed shall, if
`accompanied by a motion to seal, be treated as sealed pending the outcome
`
`
`
`2 Patent Owner’s request to participate is conditioned on Petitioner’s request
`for oral argument.
`
`
`
`IPR2014-00416 and IPR2014-00417
`Patent 8,217,612 and Patent 7,579,802
`
`of the ruling on the motion. Accordingly, we exercise our discretion to
`make the oral hearing publically available via in-person attendance.
`Oral argument will commence at 10:00 AM Eastern Time, on April
`30, 2015, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia, and it will be open to the public for in-person
`attendance. In person attendance will be accommodated on a first come first
`serve 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 before the hearing. The parties are directed to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23,
`2013), regarding the appropriate content of demonstrative exhibits. 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.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Any issue regarding demonstrative
`exhibits should be resolved at least two business days prior to the hearing by
`way of a joint telephone conference call to the Board. 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 timely presented will be considered waived.
`Demonstratives should be filed at the Board no later than two days before
`
`
`
`3
`
`
`
`IPR2014-00416 and IPR2014-00417
`Patent 8,217,612 and Patent 7,579,802
`
`the hearing. A hard copy of the demonstratives should be provided to the
`court reporter at the hearing.
`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 directly to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`At present, all panel members are scheduled to attend argument in
`person. In the event that a member of the panel attends the hearing
`electronically from a remote location, and that if a demonstrative is not filed
`or otherwise made fully available or visible to the judge attending 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 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 hearing, 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.
`
`
`
`
`
`4
`
`
`
`IPR2014-00416 and IPR2014-00417
`Patent 8,217,612 and Patent 7,579,802
`
`
`
`
`FOR PETITIONER:
`Craig D. Leavell
`KIRKLAND & ELLIS LLP
`craig.leavell@kirkland.com
`
`Alyse Wu
`KIRKLAND & ELLIS LLP
`alyse.wu@kirkland.com
`
`Luke L. Dauchot (PHV)
`luke.dauchot@kirkland.com
`
`FOR PATENT OWNER:
`Monte L. Falcoff
`HARNESS, DICKEY & PIERCE, P.L.C.
`mlfalcoff@hdp.com
`
`Michael R. Nye
`HARNESS, DICKEY & PIERCE, P.L.C.
`mnye@hdp.com
`
`
`
`5
`
`
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