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Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`Paper 27
`Entered: March 24, 2015
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC., MOTOROLA MOBILITY LLC, and
`SAMSUNG ELECTRONICS CO., LTD.,1
`Petitioners,
`
`v.
`
`ARENDI S.A.R.L.,
`Patent Owner.
`
`Case IPR2014-00450 (Patent 7,921,356 B2)
`Case IPR2014-00452 (Patent 6,323,853 B1)2
`
`
`
`
`
`
`Before MICHAEL R. ZECHER, NEIL T. POWELL and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`1 Google Inc. is the sole Petitioner in IPR2014-00450. Google Inc.,
`Motorola Mobility LLC, and Samsung Electronics Co., Ltd. are joint
`Petitioners in IPR2014-00452.
`2 Case IPR2014-01518 has been joined with Case IPR2014-00452. This
`Order applies to both IPR2014-00450 and IPR2014-00452. The parties are
`not authorized to use this style heading for any subsequent papers.
`
`

`

`IPR2014-00450, IPR2014-00452
`
`
`Petitioners and Patent Owner requested a hearing in each of the above
`proceedings pursuant to 37 C.F.R. § 42.70(a). See IPR2014-00450, Papers
`23, 24; IPR2014-00452, Papers 24, 25. The requests are granted.
`For IRP2014-00450, each party will have thirty (30) minutes of time
`to present arguments. Petitioner—namely, Google, Inc.—bears the ultimate
`burden of proof that the challenged claims are unpatentable. Therefore,
`Petitioner will proceed first to present its case as to the challenged claims,
`and may reserve rebuttal time. Patent Owner then will respond to
`Petitioner’s case. After that, Petitioner may use the rest of its time to
`respond to Patent Owner’s presentation.
`For IPR2014-00452, Petitioners—namely, Google, Inc., Motorola
`Mobility LLC, Samsung Electronics Co., Ltd.—will have thirty (30) minutes
`of time to present arguments, and Patent Owner will have thirty (30) minutes
`of time to present arguments. Petitioners will proceed first to present their
`case as to the challenged claims, and may reserve rebuttal time. Patent
`Owner then will respond to Petitioners’ case. After that, Petitioners may use
`the rest of their time to respond to Patent Owner’s presentation.
`The hearings for the proceedings will take place as follows:3
`Case
`Date and Time
`IPR2014-00450
`1:00 PM Eastern Time, April 21, 2015
`
`IPR2014-00452
`
`Immediately following the hearing for
`IPR2014-00450
`
`The hearings will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`3 If the parties believe that any of the proceedings can be argued together,
`or that a different sequence would be more efficient, the parties may request
`a conference call.
`
`
`
`2
`
`

`

`IPR2014-00450, IPR2014-00452
`
`In-person attendance will be accommodated on a first come, first served
`basis. The Board will provide a court reporter for the hearings, and the
`reporter’s transcripts will constitute the official record of the hearings.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearings. The parties shall confer with each
`other regarding any objections to demonstrative exhibits in each proceeding,
`and file demonstrative exhibits with the Board at least two business days
`prior to the hearing. For any issue that cannot be resolved after conferring
`with the opposing party, the parties may file jointly a one-page list of
`objections at least two business days prior to the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one sentence) of the
`reason for each objection. No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call if necessary.
`Otherwise, we will reserve ruling on the objections until the hearing or after
`the hearing. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013)
`(Paper 118), 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 hearings to ensure the clarity and accuracy of the
`reporter’s transcripts.
`The Board expects lead counsel for Petitioners and Patent Owner to
`be present at the hearings, although any back-up counsel may make the
`actual presentation, in whole or in part. If lead counsel for a party will not
`3
`
`
`
`

`

`IPR2014-00450, IPR2014-00452
`
`be in attendance at the hearings, the Board should be notified via a joint
`conference call no later than two days prior to the hearings to discuss the
`matter.
`Requests for audio-visual equipment at the hearings are to be made
`five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the day of the hearings. Further, 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.
`
`
`
`
`
`4
`
`

`

`IPR2014-00450, IPR2014-00452
`
`PETITIONER:
`
`Matthew A. Smith
`Zhuanjia Gu
`TURNER BOYD LLP
`smith@turnerboyd.com
`gu@turnerboyd.com
`
`
`PATENT OWNER:
`
`Robert M. Asher
`Bruce D. Sunstein
`SUNSTEIN KANN MURPHY & TIMBERS LLP
`rasher@sunsteinlaw.com
`bsunstein@sunsteinlaw.com
`
`
`
`
`
`
`
`
`
`
`5
`
`

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