`Tel: 571-272-7822
`
`
`Paper 31
`Entered: April 17, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`GORDON * HOWARD ASSOCIATES, INC.,
`Petitioner,
`
`v.
`
`LUNAREYE, INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-00712
`Patent 6,484,035 B2
`_______________
`
`
`
`Before J. JOHN LEE, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`IPR2014-00712
`Patent 6,484,035 B2
`
`
`Patent Owner has requested oral argument pursuant to 37 C.F.R. § 42.70(a).
`
`Paper 30. The request is granted.
`
`Each party will have 60 minutes to present its case. The oral hearing will
`
`commence at 10:00 AM Eastern Time, on Wednesday, May 13, 2015. The hearing
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`will be open to the public for in-person attendance, on the ninth floor of Madison
`
`Building East, 600 Dulany Street, Alexandria, Virginia. In-person attendance will
`
`be accommodated on a first-come, first-served basis. The Board will provide a
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`court reporter for the hearing, and the reporter’s transcript will constitute the
`
`official record of the hearing. The hearing transcript will be entered in the record
`
`of this proceeding.
`
`Petitioner bears the ultimate burden of proof that the challenged patent
`
`claims are unpatentable. Therefore, at the oral hearing, Petitioner will proceed first
`
`to present its case with respect to the challenged claims and grounds on which the
`
`Board instituted trial. Petitioner may reserve some of its time for rebuttal. Patent
`
`Owner then will respond to Petitioner’s initial presentation. Thereafter, Petitioner
`
`may use any time it has reserved to rebut Patent Owner’s presentation. On
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`rebuttal, Petitioner will be restricted to only those matters raised by Patent Owner
`
`in its presentation.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
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`business days before the hearing. The parties shall meet and confer to discuss any
`
`objections to demonstrative exhibits, and shall file demonstrative exhibits with the
`
`Board at least three business days before the hearing. If any issues regarding
`
`demonstrative exhibits remain unresolved after the parties meet and confer, the
`
`parties shall file jointly a list of objections to the demonstrative exhibits at least
`
`three business days before the hearing. For each objection, the list must identify
`
`with particularity which demonstrative exhibits are subject to the objection and
`
` 2
`
`
`
`
`
`
`
`IPR2014-00712
`Patent 6,484,035 B2
`
`may include a short, one-sentence statement explaining the objection. The parties
`
`also must contact the Board at least three business days before the hearing to
`
`schedule a conference call to discuss the identified objections. Any objection to
`
`demonstrative exhibits not timely presented will be considered waived.
`
`The parties are directed to CBS Interactive Inc. v. Wireless Sciences LLC,
`
`Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118), for guidance regarding
`
`the proper 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.
`
`The Board expects lead counsel for each party to be present at the oral
`
`hearing, although any backup counsel may make the actual presentation, in whole
`
`or in part. At least one of the judges will attend via videoconference, and the
`
`parties should plan accordingly. Requests for audio-visual equipment are to be
`
`made five days in advance of the hearing date. The requests must be sent to
`
`Trials@uspto.gov. If the request is not timely received, the equipment may not be
`
`available on the day of the hearing.
`
` 3
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`
`
`IPR2014-00712
`Patent 6,484,035 B2
`
`PETITIONER:
`
`Rodney B. Carroll
`Ryan D. Jenlink
`J. Robert Brown, Jr.
`CONLEY ROSE, P.C.
`rcarroll@dfw.conleyrose.com
`rjenlink@dfw.conleyrose.com
`rbrown@dfw.conleyrose.com
`
`
`
`PATENT OWNER:
`
`Robb D. Edmonds
`N. Alexander Nolte
`EDMONDS & NOLTE, P.C.
`redmonds@edmondsnolte.com
`anolte@edmondsnolte.com
`
`Stephen W. Abbott
`Matthew S. Compton, Jr.
`PREBEG, FAUCETT & ABBOTT PLLC
`mcompton@pfalawfirm.com
`
` 4
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