`
`Entered: September 11, 2015
`
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`DRAGON INTELLECTUAL PROPERTY,
`Patent Owner.
`
`_______________
`
`Case IPR2014-01252
`Patent 5,930,444
`____________________
`
`
`Before GREGG I. ANDERSON, STACEY G.WHITE, and J. JOHN LEE,
`Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-01252
`Patent 5,930,444
`
`
`Patent Owner and Petitioner each request an oral hearing pursuant to
`
`37 C.F.R. § 42.70. Papers 53, 54. Upon consideration, the requests for oral
`
`hearing are granted. Oral argument shall commence at 1:00 PM Eastern
`
`Time on October 13, 2015, on the ninth floor of Madison Building East, 600
`
`Dulany Street, Alexandria, Virginia.
`
`Each party will have 45 minutes of total time to present arguments.
`
`Petitioner bears the ultimate burden of proof that the patent claims at issue in
`
`this review are unpatentable. Therefore, Petitioner will open the hearing by
`
`presenting its case regarding the challenged claims for which the Board
`
`instituted trial. Patent Owner will then respond to Petitioner’s arguments.
`
`Petitioner may reserve rebuttal time to respond to arguments presented by
`
`Patent Owner. Patent Owner may not reserve rebuttal time.
`
`The Board will provide a court reporter, and the transcript shall
`
`constitute the official record of the hearing. The Board exercises its
`
`discretion to make the oral hearing publically available. The hearing will be
`
`open to the public for in-person attendance that will be accommodated on a
`
`first-come, first-served basis.
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
`
`served on opposing counsel at least seven business days before the hearing,
`
`and filed with the Board no later than one business day before the hearing.
`
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`
`Board of Regents of the University of Michigan, Case IPR2013-00041
`
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
`
`content of demonstrative exhibits.
`
`The Board expects that the parties will meet and confer in good faith
`
`to resolve any objections to demonstrative exhibits, but if such objections
`
`
`
`2
`
`
`
`IPR2015-01252
`Patent 5,930,444
`
`cannot be resolved, the parties may file any objections to demonstratives
`
`with the Board at least three business days before the hearing. The
`
`objections should identify with particularity which portions of the
`
`demonstrative exhibits are subject to objection, include a copy of the
`
`objected-to portions, and include a one-sentence statement of the reason for
`
`each objection. No argument or further explanation is permitted. The Board
`
`will consider any objections and schedule a conference call if deemed
`
`necessary. Otherwise, the Board will reserve ruling on the objections. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived.
`
`At least one member of the panel hearing this case will attend the
`
`hearing remotely, by video and audio link. The parties are reminded that,
`
`during the hearing, the presenter must identify clearly each demonstrative
`
`exhibit (e.g., by referencing a specific slide or screen number) to ensure the
`
`clarity and accuracy of the reporter’s transcript, and to ensure that a remote
`
`judge can follow the argument, even if the video connection is disrupted.
`
`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. If either party anticipates that its lead counsel will not attend 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.
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`equipment are to be made five days in advance of the hearing date. The
`
`
`
`3
`
`
`
`IPR2015-01252
`Patent 5,930,444
`
`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.
`
`
`
`In light of the foregoing, it is:
`
`ORDERED that the parties’ requests for oral hearing are granted
`
`subject to the conditions set forth in this Order; and
`
`FURTHER ORDERED that the oral hearing, conducted pursuant to
`
`the procedures outlined above, shall commence at 1:00 PM Eastern Time on
`
`October 13, 2015.
`
`
`
`
`
`4
`
`
`
`5
`
`IPR2015-01252
`Patent 5,930,444
`
`PETITIONER:
`
`Michael Kiklis
`CPdocketkiklis@oblon.com
`
`Katherine Cappaert
`CPdocketcappaert@oblon.com
`
`Scott McKeown
`cpdocketmckeown@oblon.com
`
`Jonathan Stroud
`jonathan@unifiedpatents.com
`
`
`
`
`PATENT OWNER:
`
`Jason Angell
`jangell@fawlaw.com
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
