`571-272-7822
`
`
`
`Paper 34
`Date: August 24, 2015
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`
`
`
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG DISPLAY CO, LTD. and
`LG ELECTRONICS, INC.
`
`Petitioner,
`v.
`
` INNOVATIVE DISPLAY TECHNOLOGIES, LLC,
`
`Patent Owner.
`___________
`
`Case IPR2014-01096 (Patent No. 7,537,370)
`Case IPR2014-01097 (Patent No. 7,300,194)1
`
`
`
`_____________
`
`THOMAS L. GIANNETTI, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`1 The parties are not authorized to use this form of caption.
`
`
`
`
`
`
`IPR2014-01096 (Patent No. 7,537,370)
`IPR2014-01097 (Patent No. 7,300,194)
`
`
`The Scheduling Order for these cases sets the date for oral hearing as
`September 21, 2015, if a hearing is requested by the parties and granted by
`the Board. Both parties have requested oral hearing pursuant to 37 C.F.R.
`§ 42.70. The parties’ requests for oral hearing are granted.
`
`Petitioner will have a combined 60 minutes to present argument in
`both cases. Patent Owner will have a combined 60 minutes to respond.
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`issue in these reviews are unpatentable. Therefore, Petitioner will open the
`hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial in both IPR2014-01096 and IPR2014-01097.2 After
`Petitioner’s presentation, Patent Owner will respond to Petitioner’s
`argument. Petitioner may reserve rebuttal time to respond to arguments
`presented by Patent Owner.3
`The hearing will commence at 2 P.M. on September 21, 2015, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`
`
`2 This includes joined proceedings IPR2015-00493 and IPR2015-00490.
`3 Patent Owner requests that Petitioner be prohibited from reserving more
`than a third of its time for rebuttal. The Board declines to set a specific time
`limit for rebuttal, and expects that counsel will act reasonably at the hearing.
`2
`
`
`
`
`
`IPR2014-01096 (Patent No. 7,537,370)
`IPR2014-01097 (Patent No. 7,300,194)
`
`
`Furthermore, demonstrative exhibits must be served at least seven
`business days before the hearing date. The parties also shall provide a
`courtesy copy of any demonstrative exhibits to the Board at least five
`business days prior to the hearing by emailing them to Trials@uspto.gov.
`The parties shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board.
`The parties must file any objections to the demonstratives with the
`Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstratives are subject to objection, and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections until after the oral argument. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Any counsel of record, however, may present the party’s
`argument. The parties may divide argument among counsel as they wish.
`Should there be any disagreement among the parties on the division of
`argument, the parties shall meet and confer in advance of the hearing to try
`to resolve the dispute, and, if necessary, contact the Board for assistance.
`
`
`
`3
`
`
`
`IPR2014-01096 (Patent No. 7,537,370)
`IPR2014-01097 (Patent No. 7,300,194)
`
`
`If any party expects that its lead counsel will not be attending the oral
`argument, 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.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five days before
`the hearing directed to the above email address.
`
`
`
`PETITIONER:
`
`Robert G. Pluta
`Amanda K. Streff
`Baldine B. Paul
`Anita Y. Lam
`MAYER BROWN LLP
`rpluta@mayerbrown.com
`astreff@mayerbrown.com
`bpaul@mayerbrown.com
`alam@mayerbrown.com
`
`PATENT OWNER:
`
`Justin B. Kimble
`Jeffrey Bragalone
`BRAGALONE CONROY P.C.
`jkimble@bcpc-law.com
`jbragalone@bcpc-law.com
`
`
`
`
`4