Paper 49
`Trials@uspto.gov
`Entered: August 3, 2015
`
`571–272–7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AMAZON.COM, INC., HTC CORPORATION, ZTE (USA), INC.,
`PANTECH CO., LTD., PANTECH WIRELESS, INC., LG
`ELECTRONICS, INC., LG ELECTRONICS U.S.A., INC., and DELL INC.,
`Petitioner,
`
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT, LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-01134
`Patent 7,941,174 B2
`_______________
`
`
`
`Before JENNIFER S. BISK, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`35 U.S.C. 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`Trials@uspto.gov
`Entered: August 3, 2015
`
`571–272–7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`AMAZON.COM, INC., HTC CORPORATION, ZTE (USA), INC.,
`PANTECH CO., LTD., PANTECH WIRELESS, INC., LG
`ELECTRONICS, INC., LG ELECTRONICS U.S.A., INC., and DELL INC.,
`Petitioner,
`
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT, LLC,
`Patent Owner.
`_______________
`
`Case IPR2014-01134
`Patent 7,941,174 B2
`_______________
`
`
`
`Before JENNIFER S. BISK, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`35 U.S.C. 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2014-01134
`Patent 7,941,174 B2
`
`
`The Scheduling Order for this case sets the date for the oral hearing as
`August 26, 2015. Paper 17, 6. Each party requested an oral hearing
`pursuant to 37 C.F.R. § 42.70. Paper 45; Paper 47. The parties’ requests for
`an oral hearing are granted.
`Please note the time and location of the hearing. The hearing will
`commence at 4:00 PM CT on August 26, 2015, in the Belo Mansion, 2101
`Ross Avenue, Dallas, Texas. The hearing will be open to the public as part
`of the August 26, 2015, AIPLA-USPTO Roadshow to be held in Dallas.
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing.
`Each party will have a total of thirty (30) minutes to present any
`arguments relating to this case. Petitioner bears the ultimate burden of proof
`that the claims under review in this case are unpatentable. Therefore,
`Petitioner will proceed first, and Patent Owner will follow. Petitioner may
`then use any time Petitioner reserved for rebuttal. The parties are reminded
`that the presenter must identify clearly and specifically any demonstrative
`exhibit (e.g., by slide or screen number) referenced during the hearing to
`ensure the clarity and accuracy of the reporter’s transcript and the ability of
`all judges to follow the presenter’s arguments.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least five (5) business days prior to the hearing.
`The parties also shall provide the demonstrative exhibits to the Board at least
`two (2) business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this case without prior authorization. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
`2
`
`
`
`IPR2014-01134
`Patent 7,941,174 B2
`
`of Michigan, Case IPR2013-00041, slip op. at 2–5 (PTAB Jan. 27, 2014)
`(Paper 65), and CBS Interactive Inc., v. Helferich Patent Licensing, LLC,
`Case IPR2013-00033, slip op. at 2–4 (PTAB Oct. 23, 2013) (Paper 118), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The Board expects the parties will meet and confer in good faith to
`resolve any objections to demonstrative exhibits. If such objections cannot
`be resolved, the parties must initiate a conference call with the Board at least
`two (2) business days prior to the hearing to resolve any objections to
`demonstrative exhibits. Any objection to demonstrative exhibits that are not
`timely presented at least two (2) business days prior to the hearing will be
`considered waived.
`We expect lead counsel for each party to be present in person at the
`hearing. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758
`(Aug. 14, 2012). However, any counsel of record may present the party’s
`arguments. If either party anticipates that its lead counsel will not attend the
`hearing, the parties shall request and make themselves available for a
`conference call with the Board to occur no later than two (2) business days
`prior to the hearing to discuss the reasons for that lead counsel’s absence.
`A projector will be available for the parties to use. Any special
`requests for additional audio visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication directed to the identified email
`address not less than two (2) weeks prior to the hearing.
`
`
`
`3
`
`
`
`IPR2014-01134
`Patent 7,941,174 B2
`
`PETITIONER:
`
`J. David Hadden
`Saina S. Shamilov
`FENWICK & WEST LLP
`dhadden@fenwick.com
`sshamilov@fenwick.com
`
`Steven A. Moore
`Richard W. Thill
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`steve.moore@pillsburylaw.com
`richard.thill@pillsburylaw.com
`LOEU@pillsburylaw.com
`
`Alan A. Wright
`Steven B. Kelber
`H.C. PARK & ASSOCIATES, PLC
`awright@park-law.com
`skelber@park-law.com
`
`Roger J. Fulghum
`Tammy M. Pennington
`BAKER BOTTS
`roger.fulghum@bakerbotts.com
`tammy.pennington@bakerbotts.com
`
`Baldine Paul
`William J. Barrow
`Robert G. Pluta
`Amanda K. Streff
`MAYER BROWN LLP
`bpaul@mayerbrown.com
`wbarrow@mayerbrown.com
`rpluta@mayerbrown.com
`astreff@mayerbrown.com
`
`
`4
`
`
`
`IPR2014-01134
`Patent 7,941,174 B2
`
`PATENT OWNER:
`
`Barry J. Bumgardner
`John Murphy
`NELSON BUMGARDNER, P.C.
`barry@nelbum.com
`CCE-IPR@nelbum.com
`
`Amedeo F. Ferraro
`MARTIN & FERRARO, LLP
`aferraro@martinferraro.com
`
`5
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