`571-272-7822
`
`Paper No. 32
`Entered: July 28, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIVERSAL REMOTE CONTROL, INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL ELECTRONICS, INC.,
`Patent Owner.
`____________
`
`Cases IPR2014-01102 (Patent 5,228,077)
`IPR2014-01103 (Patent 5,552,917)
`IPR2014-01104 (Patent 5,414,761)
`IPR2014-01106 (Patent 5,255,313)1
`____________
`
`Before HOWARD B. BLANKENSHIP, SALLY C. MEDLEY, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10)
`
`1 This order addresses issues that are the same in the identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading.
`
`
`
`IPR2014-01102 (Patent 5,228,077)
`IPR2014-01103 (Patent 5,552,917)
`IPR2014-01104 (Patent 5,414,761)
`IPR2014-01106 (Patent 5,255,313)
`
`
`
`
`
`
`
`
`
`
`Both parties request a consolidated hearing for these four cases pursuant to
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`37 C.F.R. § 42.70. The requests are granted.
`
`Each party will have sixty (60) minutes total time to present arguments for
`
`the four cases. Because the four cases involve similar issues, Petitioner will
`
`proceed first to present its case with respect to the challenged claims and grounds
`
`for which the Board instituted trial for all cases. Thereafter, Patent Owner will
`
`respond to Petitioner’s presentation for all cases. Petitioner may reserve rebuttal
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`time to respond to Patent Owner’s presentation with respect to all cases.
`
`The hearing will commence at 9:00 a.m. Eastern Time, on August 19, 2015,
`
`and it 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 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 prior to the hearing. They shall be filed at the Board two business
`
`days prior to the hearing, and the parties must initiate a conference call with the
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`Board by two business days prior to the hearing to resolve any dispute over the
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`propriety of each party’s demonstrative exhibits. Any dispute over the propriety
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`of demonstrative exhibits that is not timely presented two business days
`
`prior to the hearing will be considered waived. The parties are directed to CBS
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`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118
`
`(October 23, 2013), regarding the appropriate content of demonstrative exhibits.
`
`2
`
`
`
`IPR2014-01102 (Patent 5,228,077)
`IPR2014-01103 (Patent 5,552,917)
`IPR2014-01104 (Patent 5,414,761)
`IPR2014-01106 (Patent 5,255,313)
`
`
`
`
`
`
`
`
`
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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 made
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`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 not be
`
`available on the day of the hearing.
`
`
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`The parties are reminded that the presenter must identify clearly and
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`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 hearing,
`
`although any backup counsel may make the actual presentation, in whole or in part.
`
`If any lead counsel will not be in attendance at hearing, the Board should be
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`notified via a joint telephone conference call no later than two days prior to the
`
`hearing to discuss the matter.
`
`
`
`3
`
`
`
`
`
`IPR2014-01102 (Patent 5,228,077)
`IPR2014-01103 (Patent 5,552,917)
`IPR2014-01104 (Patent 5,414,761)
`IPR2014-01106 (Patent 5,255,313)
`
`FOR PETITIONER:
`
`
`
`
`
`
`
`
`
`
`
`4
`
`Douglas Miro
`dmiro@ostrolenk.com
`
`Peter Kang
`pkang@sidley.com
`
`Theodore Chandler
`tchandler@sidley.com
`
`Ferenc Pazmandi
`fpazmandi@sidley.com
`
`Keith Barkaus
`kbarkaus@ostrolenk.com
`
`
`
`FOR PATENT OWNER:
`
`Eric Maiers
`maierse@gtlaw.com
`
`Michael Nicodema
`nicodemam@gtlaw.com
`
`James Lukas
`lukasj@gtlaw.com
`
`Robbie Harmer
`harmer@gtlaw.com