Trials@uspto.gov
`571.272.7822
`
` IPR2014-00648; Paper 29,
` IPR2014-00649; Paper 29,
` IPR2014-00650; Paper 28,
` Entered: June 8, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`WEBASTO ROOF SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`UUSI, LLC,
`Patent Owner.
`
`_______________
`
`Case IPR2014-00648 (Patent 8,217,612 B2)
`Case IPR2014-00649 (Patent 7,548,037 B2)
`Case IPR2014-00650 (Patent 7,579,802 B2)1
`_______________
`
`
`
`Before GLENN J. PERRY, HYUN J. JUNG, and JASON J. CHUNG,
`Administrative Patent Judges.
`
`
`PERRY, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing – Oral Argument
`37 C.F.R. § 42.70
`
`
`
`1 This order addresses issues that are identical in the three cases. The parties
`are not authorized to use this heading style in their papers.
`
`
`571.272.7822
`
` IPR2014-00648; Paper 29,
` IPR2014-00649; Paper 29,
` IPR2014-00650; Paper 28,
` Entered: June 8, 2015
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`WEBASTO ROOF SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`UUSI, LLC,
`Patent Owner.
`
`_______________
`
`Case IPR2014-00648 (Patent 8,217,612 B2)
`Case IPR2014-00649 (Patent 7,548,037 B2)
`Case IPR2014-00650 (Patent 7,579,802 B2)1
`_______________
`
`
`
`Before GLENN J. PERRY, HYUN J. JUNG, and JASON J. CHUNG,
`Administrative Patent Judges.
`
`
`PERRY, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing – Oral Argument
`37 C.F.R. § 42.70
`
`
`
`1 This order addresses issues that are identical in the three cases. The parties
`are not authorized to use this heading style in their papers.
`
`
`
`IPR2014-00648 (Patent 8,217,612 B2)
`IPR2014-00649 (Patent 7,548,037 B2)
`IPR2014-00650 (Patent 7,579,802 B2)
`
`
`The parties requested2 oral argument in these proceeding pursuant to
`37 C.F.R. § 42.70. The requests are granted.
`Oral argument for these proceedings will be conducted on June 29,
`2015. Each party will have 120 minutes of total argument time for the three
`cases. The three cases will be argued together. 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
`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 9:00 AM Eastern Time, on June 29,
`2015, on the ninth floor of Madison Building East, 600 Dulany Street,
`
`2 IPR2014-00648, Papers 25 and 27; IPR2014-00649, Papers 24 and 26, and
`IPR2014-00650, Papers 24 and 26.
`
`
`
`
`2
`
`
`
`IPR2014-00648 (Patent 8,217,612 B2)
`IPR2014-00649 (Patent 7,548,037 B2)
`IPR2014-00650 (Patent 7,579,802 B2)
`
`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 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.
`
`Court Reporter
`
`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.
`
`Demonstratives
`
`Demonstratives are aids in support of oral argument and are not
`evidence in the proceeding. They will not become part of the official record
`of this review other than via the transcript of oral argument. If
`
`
`
`
`3
`
`
`
`IPR2014-00648 (Patent 8,217,612 B2)
`IPR2014-00649 (Patent 7,548,037 B2)
`IPR2014-00650 (Patent 7,579,802 B2)
`
`demonstratives are to be used during oral argument, they should be
`exchanged by email at least five days before oral argument. Copies should
`also be sent by email (not filed via PRPS) to the Board. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`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 a demonstrative that is not timely presented
`will be considered waived.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative (e.g., by slide or screen number) and each
`record exhibit referenced during the hearing to ensure the clarity and
`accuracy of the reporter’s transcript.
`
`Audio-Visual Equipment
`
`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.
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2014-00648 (Patent 8,217,612 B2)
`IPR2014-00649 (Patent 7,548,037 B2)
`IPR2014-00650 (Patent 7,579,802 B2)
`
`For PETITIONER:
`Charles H. Sanders
`GOODWIN PROCTER LLP
`csanders@goodwinprocter.com
`
`Timothy J. Rousseau
`GOODWIN PROCTER LLP
`trousseau@goodwinprocter.com
`
`Phong T. Dinh
`GOODWIN PROCTER LLP
`pdinh@goodwinprocter.com
`
`
`For PATENT OWNER:
`Monte L. Falcoff
`HARNESS, DICKEY & PIERCE, P.L.C.
`mlfalcoff@hdp.com
`
`Hemant M. Keskar
`HARNESS, DICKEY & PIERCE, P.L.C.
`hkeskar@hdp.com
`
`
`
`
`
`5
`
`
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