Trials@uspto.gov
`571-272-7822
`
`
`
` Paper: 34
`Entered: September 30, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SEAGATE TECHNOLOGY (US) HOLDINGS, INC. and
`SEAGATE TECHNOLOGY LLC,
`Petitioner,
`
`v.
`
`ENOVA TECHNOLOGY CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2014-01178 (Patent 7,900,057 B2)
`Case IPR2014-01297 (Patent 7,900,057 B2)
`Case IPR2014-01449 (Patent 7,900,057 B2)1
`____________
`
`
`Before MICHAEL R. ZECHER, NEIL T. POWELL, GEORGIANNA W.
`BRADEN, and TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order addresses issues that are identical in the three cases. We, therefore,
`exercise our discretion to issue one Order to be filed in each of the three cases.
`The parties are not authorized to use this style heading.
`
`
`571-272-7822
`
`
`
` Paper: 34
`Entered: September 30, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SEAGATE TECHNOLOGY (US) HOLDINGS, INC. and
`SEAGATE TECHNOLOGY LLC,
`Petitioner,
`
`v.
`
`ENOVA TECHNOLOGY CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2014-01178 (Patent 7,900,057 B2)
`Case IPR2014-01297 (Patent 7,900,057 B2)
`Case IPR2014-01449 (Patent 7,900,057 B2)1
`____________
`
`
`Before MICHAEL R. ZECHER, NEIL T. POWELL, GEORGIANNA W.
`BRADEN, and TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`GOODSON, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order addresses issues that are identical in the three cases. We, therefore,
`exercise our discretion to issue one Order to be filed in each of the three cases.
`The parties are not authorized to use this style heading.
`
`
`
`IPR2014-01178 (Patent 7,900,057 B2)
`IPR2014-01297 (Patent 7,900,057 B2)
`IPR2014-01449 (Patent 7,900,057 B2)
`
`Both parties request an oral hearing pursuant to 37 C.F.R. § 42.70(a).
`Papers 31, 33.2 The parties’ requests are granted. Although the three cases
`captioned above are not consolidated, the hearings will be held together and one
`transcript will be provided for all three. Petitioner and Patent Owner will each
`have 90 minutes of total argument time.
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`review are unpatentable. Therefore, at the hearing, Petitioner will proceed first to
`present its arguments in Case IPR2014-01178 with regard to the challenged claims
`on which basis we instituted trial. Thereafter, Patent Owner will argue its
`opposition to Petitioner’s case. To the extent Petitioner reserves rebuttal time,
`Petitioner then may make use of its rebuttal time responding to Patent Owner.
`Thereafter, Petitioner will present its arguments, Patent Owner will present its
`opposition, and Petitioner may present any rebuttal to the other two proceedings,
`identified in the above caption, in the following order: Cases IPR2014-01297 and
`IPR2014-01449. To the extent there are common issues across one or more of the
`proceedings, those issues may be addressed at the same time.
`The hearing will commence at 1:00 PM EST, on November 2, 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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`business days before the hearing. The parties are directed to CBS Interactive Inc.
`
`2 For purposes of clarity and expediency, we refer to the papers and exhibits filed
`in Case IPR2014-01178.
`
`2
`
`
`
`IPR2014-01178 (Patent 7,900,057 B2)
`IPR2014-01297 (Patent 7,900,057 B2)
`IPR2014-01449 (Patent 7,900,057 B2)
`
`v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB Oct. 23, 2013) (Paper
`118), regarding the appropriate content of demonstrative exhibits. The parties shall
`meet and confer to discuss any objections to demonstrative exhibits at least three
`business days before the hearing. The parties shall file their demonstratives with
`the Board at least two business days before the hearing. If any issues regarding
`demonstratives remain unresolved after the parties meet and confer, the parties
`shall file jointly a one-page list of objections to the demonstrative exhibits at least
`two business days before the hearing. For each objection, the list must identify
`with particularity the demonstratives subject to the objection and include a short,
`one-sentence statement explaining the objection. We will consider the objections
`and schedule a conference call if necessary. Otherwise, we will reserve ruling on
`the objections until the hearing or after the hearing. Any objection to
`demonstrative exhibits not presented timely will be considered waived. We take
`this opportunity to remind the parties that the demonstrative exhibits presented in
`these cases are not evidence and are intended only to assist the parties in presenting
`their oral argument to the panel.
`We will provide a court reporter for the hearing and the reporter’s transcript
`will constitute the official record of the hearing. Each party shall provide a hard
`copy of their demonstratives to the court reporter at the hearing. At least one judge
`will be participating remotely via a videoconferencing device and will not be able
`to view the projection screen in the hearing room. Consequently, 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 transcript.
`3
`
`
`
`IPR2014-01178 (Patent 7,900,057 B2)
`IPR2014-01297 (Patent 7,900,057 B2)
`IPR2014-01449 (Patent 7,900,057 B2)
`
`We expect lead counsel for each party to be present in person at the hearing.
`Lead or backup counsel, however, may present the party’s argument. If either
`party anticipates that its lead counsel will not be attending the hearing, that party
`should initiate a joint telephone conference with the other party and the panel no
`later than two business days prior to the hearing to discuss the matter.
`Requests for audio-visual equipment are to be made five days in advance of
`the hearing date. The request is to be sent to Trials@uspto.gov. If the request is
`not received timely, the equipment may not be available on the day of the hearing.
`
`
`
`4
`
`
`
`5
`
`IPR2014-01178 (Patent 7,900,057 B2)
`IPR2014-01297 (Patent 7,900,057 B2)
`IPR2014-01449 (Patent 7,900,057 B2)
`
`For PETITIONER:
`
`Richard M. Marsh, Jr.
`Elizabeth Cowan Wright
`David J.F. Gross
`Calvin L. Litsey
`FAEGRE BAKER DANIELS LLP
`richard.marsh@faegrebd.com
`elizabeth.cowanwright@feagrebd.com
`david.gross@faegrebd.com
`calvin.litsey@faegrebd.com
`
`
`
`
`
`For PATENT OWNER:
`
`Hector J. Ribera
`Robert A. Hulse
`FENWICK & WEST LLP
`hribera@fenwick.com
`rhulse@fenwick.com
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