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Trials@uspto.gov Paper 51, IPR2014-00594; Paper 45, IPR2014-00600;
`571.272.7822 Paper 51, IPR2014-00601; Paper 51, IPR2014-00602;
` Paper 57, IPR2014-00603
` Entered: June 4, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FORD MOTOR COMPANY and BMW OF NORTH AMERICA LLC,
`Petitioner,
`
`v.
`
`VEHICLE OPERATION TECHNOLOGIES, LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-00594 (Patent 7,145,442 B1)
`Case IPR2014-00600 (Patent 7,145,442 B1)
`Case IPR2014-00601 (Patent 7,145,442 B1)
`Case IPR2014-00602 (Patent 7,145,442 B1)
`Case IPR2014-00603 (Patent 7,145,442 B1)1
`_______________
`
`
`Before GLENN J. PERRY, BRIAN J. McNAMARA, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`1 This decision addresses issues that are identical in the five cases. The
`parties are not authorized to use this heading style in their papers.
`
`

`

`IPR2014-00594 (Patent 7,145,442 B1)
`IPR2014-00600 (Patent 7,145,442 B1)
`IPR2014-00601 (Patent 7,145,442 B1)
`IPR2014-00602 (Patent 7,145,442 B1)
`IPR2014-00603 (Patent 7,145,442 B1)
`
`
`A trial in each of these proceedings was instituted on October 15,
`2014. Paper 26.2 A Revised Scheduling Order was issued on December 17,
`2014, which set July 8, 2015, as the date for an oral hearing, if a hearing is
`requested by the parties and granted by the Board. Paper 35. Both parties
`have requested an oral hearing pursuant to 37 C.F.R. § 42.70. See, e.g.,
`Papers 47, 48. The parties’ requests are granted.
`Petitioner and Patent Owner will each have 180 minutes of total
`argument time. Petitioner bears the ultimate burden of proof that the claims
`at issue in this review are unpatentable. Therefore, at the hearing, Petitioner
`will proceed first to present its case in IPR2014-00594 with regard to the
`challenged claims on which basis we instituted trial. Thereafter, Patent
`Owner will argue its opposition to Petitioner’s case. After that, to the extent
`Petitioner reserves rebuttal time, Petitioner may make use of its rebuttal time
`responding to Patent Owner. Thereafter, Petitioner will present its case,
`Patent Owner will present its opposition, and Petitioner may present any
`rebuttal to the other four proceedings, identified in the above caption, in the
`following order: IPR2014-00601, IPR2014-00602, IPR2014-00603, and
`IPR2014-00600. There are no motions to amend or other motions to be
`addressed at the hearing.
`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
`
`
`2 For ease of reference, the papers and exhibits cited herein refer to those
`filed in IPR2014-00594, unless otherwise indicated.
`
`
`
`
`2
`
`

`

`IPR2014-00594 (Patent 7,145,442 B1)
`IPR2014-00600 (Patent 7,145,442 B1)
`IPR2014-00601 (Patent 7,145,442 B1)
`IPR2014-00602 (Patent 7,145,442 B1)
`IPR2014-00603 (Patent 7,145,442 B1)
`
`public. This policy is reflected in part, for example, in 35 U.S.C.
`§ 316(a)(1), which provides that the file of any inter partes 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 of the ruling on the motion. There are no
`motions to seal in the present proceeding. Accordingly, the Board exercises
`its discretion to make the oral hearing publically available via in-person
`attendance.
`Specifically, the hearing will commence at 9:00AM EDT, on July 8,
`2015, and it will be open to the public for in-person attendance, on the Ninth
`Floor of Madison Building East, 600 Dulaney Street, Alexandria, Virginia.
`In-person attendance will be accommodated on a first-come, first-serve
`basis. If each party uses all of its allotted time, we anticipate morning and
`afternoon breaks as well as a lunch break.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`Demonstratives are aids in support of oral argument, but are not
`considered evidence. 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. Any issue regarding demonstrative
`exhibits should be resolved at least two days prior to the hearing by way of a
`joint telephone conference call to the Board. The parties are responsible for
`
`
`
`
`3
`
`

`

`IPR2014-00594 (Patent 7,145,442 B1)
`IPR2014-00600 (Patent 7,145,442 B1)
`IPR2014-00601 (Patent 7,145,442 B1)
`IPR2014-00602 (Patent 7,145,442 B1)
`IPR2014-00603 (Patent 7,145,442 B1)
`
`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 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 five 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.
`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.
`The Board expects lead counsel for each party to be present in person
`at the hearing. Lead or backup counsel, however, may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`attending the hearing, that party should initiate a joint telephone conference
`with the other party and the Board no later than two business days prior to
`the hearing to discuss the matter.
`
`
`
`
`
`
`4
`
`

`

`IPR2014-00594 (Patent 7,145,442 B1)
`IPR2014-00600 (Patent 7,145,442 B1)
`IPR2014-00601 (Patent 7,145,442 B1)
`IPR2014-00602 (Patent 7,145,442 B1)
`IPR2014-00603 (Patent 7,145,442 B1)
`
`For PETITIONER:
`
`John M. Caracappa
`Stephanie L. Roberts
`STEPTOE & JOHNSON LLP
`jcaracap@steptoe.com
`sroberts@steptoe.com
`
`Eric A. Buresh
`Jason R. Mudd
`ERISE IP, P.A.
`eric.buresh@eriseip.com
`jason.mudd@eriseip.com
`
`Lionel M. Lavenue
`Joshua L. Goldberg
`FINNEGAN, HENERSON, FARABOW, GARRETT & DUNNER, LLP
`lionel.lavenue@finnegan.com
`joshua.goldberg@finnegan.com
`
`Reginald J. Hill
`Chad J. Ray
`JENNER & BLOCK LLP
`rhill@jenner.com
`cray@jenner.com
`
`For PATENT OWNER:
`
`Gregory Howison
`HOWISON & ARNOTT
`GHowison@dalpat.com
`
`
`
`
`
`
`
`
`
`5
`
`

`

`IPR2014-00594 (Patent 7,145,442 B1)
`IPR2014-00600 (Patent 7,145,442 B1)
`IPR2014-00601 (Patent 7,145,442 B1)
`IPR2014-00602 (Patent 7,145,442 B1)
`IPR2014-00603 (Patent 7,145,442 B1)
`
`Monica Tavakoli
`James Arnott
`BUETHER JOE & CARPENTER, LLC
`Monica.Tavakoli@BJCIPlaw.com
`James.Arnott@BJCIPlaw.com
`
`
`
`
`6
`
`

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