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`Entered: September 11, 2015
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
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`UNIFIED PATENTS INC.,
`Petitioner,
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`v.
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`DRAGON INTELLECTUAL PROPERTY,
`Patent Owner.
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`_______________
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`Case IPR2014-01252
`Patent 5,930,444
`____________________
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`Before GREGG I. ANDERSON, STACEY G.WHITE, and J. JOHN LEE,
`Administrative Patent Judges.
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`WHITE, Administrative Patent Judge.
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`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`IPR2015-01252
`Patent 5,930,444
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`Patent Owner and Petitioner each request an oral hearing pursuant to
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`37 C.F.R. § 42.70. Papers 53, 54. Upon consideration, the requests for oral
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`hearing are granted. Oral argument shall commence at 1:00 PM Eastern
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`Time on October 13, 2015, on the ninth floor of Madison Building East, 600
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`Dulany Street, Alexandria, Virginia.
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`Each party will have 45 minutes of total time to present arguments.
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`Petitioner bears the ultimate burden of proof that the patent claims at issue in
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`this review are unpatentable. Therefore, Petitioner will open the hearing by
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`presenting its case regarding the challenged claims for which the Board
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`instituted trial. Patent Owner will then respond to Petitioner’s arguments.
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`Petitioner may reserve rebuttal time to respond to arguments presented by
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`Patent Owner. Patent Owner may not reserve rebuttal time.
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`The Board will provide a court reporter, and the transcript shall
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`constitute the official record of the hearing. The Board exercises its
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`discretion to make the oral hearing publically available. The hearing will be
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`open to the public for in-person attendance that will be accommodated on a
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`first-come, first-served basis.
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`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
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`served on opposing counsel at least seven business days before the hearing,
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`and filed with the Board no later than one business day before the hearing.
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`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
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`Board of Regents of the University of Michigan, Case IPR2013-00041
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`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
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`content of demonstrative exhibits.
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`The Board expects that the parties will meet and confer in good faith
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`to resolve any objections to demonstrative exhibits, but if such objections
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`IPR2015-01252
`Patent 5,930,444
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`cannot be resolved, the parties may file any objections to demonstratives
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`with the Board at least three business days before the hearing. The
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`objections should identify with particularity which portions of the
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`demonstrative exhibits are subject to objection, include a copy of the
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`objected-to portions, and include a one-sentence statement of the reason for
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`each objection. No argument or further explanation is permitted. The Board
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`will consider any objections and schedule a conference call if deemed
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`necessary. Otherwise, the Board will reserve ruling on the objections. Any
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`objection to demonstrative exhibits that is not timely presented will be
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`considered waived.
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`At least one member of the panel hearing this case will attend the
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`hearing remotely, by video and audio link. The parties are reminded that,
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`during the hearing, the presenter must identify clearly each demonstrative
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`exhibit (e.g., by referencing a specific slide or screen number) to ensure the
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`clarity and accuracy of the reporter’s transcript, and to ensure that a remote
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`judge can follow the argument, even if the video connection is disrupted.
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`The Board expects lead counsel for each party to be present in person
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`at the oral hearing. Any counsel of record, however, may present the party’s
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`argument. If either party anticipates that its lead counsel will not attend the
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`oral argument, the parties should initiate a joint telephone conference with
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`the Board no later than two business days prior to the oral hearing to discuss
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`the matter.
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`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. Requests for audio-visual
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`equipment are to be made five days in advance of the hearing date. The
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`IPR2015-01252
`Patent 5,930,444
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`request is to be sent to Trials@uspto.gov. If the request is not received
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`timely, the equipment may not be available on the day of the hearing.
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`In light of the foregoing, it is:
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`ORDERED that the parties’ requests for oral hearing are granted
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`subject to the conditions set forth in this Order; and
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`FURTHER ORDERED that the oral hearing, conducted pursuant to
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`the procedures outlined above, shall commence at 1:00 PM Eastern Time on
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`October 13, 2015.
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`5
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`IPR2015-01252
`Patent 5,930,444
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`PETITIONER:
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`Michael Kiklis
`CPdocketkiklis@oblon.com
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`Katherine Cappaert
`CPdocketcappaert@oblon.com
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`Scott McKeown
`cpdocketmckeown@oblon.com
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`Jonathan Stroud
`jonathan@unifiedpatents.com
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`PATENT OWNER:
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`Jason Angell
`jangell@fawlaw.com