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`571-272-7822
`Date Entered: July 20, 2015
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,
`Petitioners,
`
`v.
`
`BLACK HILLS MEDIA, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00717
`Case IPR2015-00335
`Patent 6,108,686
`____________
`
`
`
`
`Before BRIAN J. McNAMARA, DAVID C. McKONE, and
`FRANCES L. IPPOLITO, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
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`
`
`
`Case IPR2014-00717; IPR2015-00335
`Patent 6,108,686
`
`
` A
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` trial in IPR2014-00717 was instituted on November 4, 2014. Paper 18.
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`A trial was instituted in IPR2015-00335 and joined to this proceeding on
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`January 28, 2015. Paper 32. A Scheduling Order issued on December 18, 2014 set
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`the date for oral hearing to July 28, 2015, if hearing is requested by the parties and
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`granted by the Board. Paper 27. (“Scheduling Order”). Both parties have
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`requested oral hearing pursuant to 37 C.F.R. § 42.70. The request is GRANTED.
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`Each party will have 40 minutes of total argument time. Samsung
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`Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
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`Telecommunications America, LLC (collectively, “Petitioner”) bears the ultimate
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`burden of proof that the claims at issue in these reviews are unpatentable.
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`Therefore, at oral hearing Petitioner will proceed first to present its case with
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`regard to the challenged claims on which basis we instituted trial. Thereafter,
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`Black Hills Media, LLC (“Patent Owner”) will argue its opposition to Petitioner’s
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`case. Petitioner may then use any time Petitioner reserved to rebut to Patent
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`Owner’s opposition. There are no other motions to be argued separately during the
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`hearing.
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`There is a strong public policy interest in making all information presented
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`in these proceedings public, as the review determines the patentability of claims in
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`an issued patent and thus affects the rights of the public. This policy is reflected in
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`part, for example, in 35 U.S.C. § 316(a)(1) and 35 U.S. C. § 326(a)(1), which
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`provide that the file of any inter partes review or post grant review be made
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`available to the public, except that any petition or document filed with the intent
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`that it be sealed shall, if accompanied by a motion to seal, be treated as sealed
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`pending the outcome of the ruling on the motion. There are no motions to seal in
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`
`
`2
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`
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`Case IPR2014-00717; IPR2015-00335
`Patent 6,108,686
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`the present proceeding. Accordingly, the Board exercises its discretion to make
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`the oral hearing publically available via in-person attendance.
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`Specifically, the hearing will commence at 1:30 PM ET, on July 28, 2015,
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`on the ninth floor of Madison Building East, 600 Dulaney Street, Alexandria,
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`Virginia. The hearing will be open to the public for in-person attendance. In-
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`person attendance will be accommodated on a first come first serve basis.
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`The Board will provide a court reporter for the hearing and the reporter’s
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`transcript will constitute the official record of the hearing. Under 37 C.F.R.
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`§ 42.70(b), demonstrative exhibits must be served five business days before the
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`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
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`appropriate content of demonstrative exhibits. Any issue regarding demonstrative
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`exhibits should be resolved at least two days prior to the hearing by way of a joint
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`telephone conference call to the Board. The parties are responsible for requesting
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`such a conference sufficiently in advance of the hearing to accommodate this
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`requirement. Any objection to demonstrative exhibits that is not timely presented
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`will be considered waived. Demonstratives should be filed at the Board no later
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`than two days before the hearing. A hard copy of the demonstratives should be
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`provided to the court reporter at the hearing.
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`Questions regarding specific audio-visual equipment should be directed to
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`the Board at (571) 272-9797. Requests for audio-visual equipment are to be
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`made 5 days in advance of the hearing date. The request is to be sent to
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`Trials@uspto.gov. If the request is not received timely, the equipment may
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`not be available on the day of the hearing. The parties are reminded that the
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`presenter must identify clearly and specifically each demonstrative exhibit (e.g., by
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`slide or screen number) referenced during the hearing to ensure the clarity and
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`3
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`Case IPR2014-00717; IPR2015-00335
`Patent 6,108,686
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`accuracy of the reporter’s transcript. The parties also should note that at least one
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`member of the panel will be attending the hearing electronically from a remote
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`location and that if a demonstrative is not filed or otherwise made fully available or
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`visible to the judge presiding over the hearing remotely, that demonstrative will not
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`be considered. If the parties have questions as to whether demonstrative exhibits
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`would be sufficiently visible and available to all of the judges, the parties are
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`invited to contact the Board at (571)272-9797.
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`The Board expects lead counsel for each party to be present in person at the
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`oral hearing. However, lead or backup counsel may present the party’s argument.
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`If either party anticipates that its lead counsel will not be attending the oral
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`argument, the parties should initiate a joint telephone conference with the Board no
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`later than two business days prior to the oral hearing to discuss the matter.
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`
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`PETITIONER: (via electronic transmission)
`
`Andrea Reister
`areister@cov.com
`
`Gregory Discher
`gdischer@cov.com
`
`Doris Johnson Hines
`Dori.hines@finnegan.com
`
`Jonathan R. Stroud
`Jonathan.stroud@finnegan.com
`
`4
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`Case IPR2014-00717; IPR2015-00335
`Patent 6,108,686
`
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`PATENT OWNER: (via electronic transmission)
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`Andrew Crain
`Andrew.crain@thomashorstemeyer.com
`
`Thomas Engellenner
`engellennert@pepperlaw.com
`
`Vivek Ganti
`Vivek.ganti@thomashorstemeyer.com
`
`Robert Gravois
`Robert.gravois@thomashorstemeyer.com
`
`Kenneth Knox
`Kenny.knox@thomashorstemeyer.com
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`5