`Tel: 571-272-7822
`
`Paper 36
`Entered: November 5, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC.,
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,
`CISCO SYSTEMS, INC., and AVAYA, INC.,
`Petitioner,
`
`v.
`
`STRAIGHT PATH IP GROUP, INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-013661 (Patent 6,108,704 C1)
`Case IPR2014-013672 (Patent 6,009,469 C1)
`Case IPR2014-013683 (Patent 6,131,121 C1)
`_______________
`
`Before KALYAN K. DESHPANDE, TRENTON A. WARD, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`DESHPANDE, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 IPR2015-01011 has been joined with this proceeding.
`2 IPR2015-01007 has been joined with this proceeding.
`3 IPR2015-01006 has been joined with this proceeding.
`
`
`
`IPR2014-01366 (Patent 6,108,704 C1)
`IPR2014-01367 (Patent 6,009,469 C1)
`IPR2014-01368 (Patent 6,131,121 C1)
`
`
`In the Scheduling Order dated March 6, 2015 (Paper 13), oral
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`argument was scheduled to be held on November 19, 2015, if requested by
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`the parties. Petitioner has requested oral argument. Paper 36.4 The request
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`is granted.
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`Each party will have a total of 90 minutes of oral argument time for
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`IPR2014-01366, IPR2014-01367, and IPR2014-01368, the 90 minutes to be
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`divided among the three cases as desired. The oral argument will commence
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`at 1:00 PM Eastern Time, on Thursday, November 19, 2015. The Board will
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`provide a court reporter for the oral argument and the reporter’s transcript
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`will constitute the official record of the oral argument. The hearing
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`transcript will be entered in the record of this proceeding.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s
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`patent claims at issue are unpatentable. Therefore, at oral argument,
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`Petitioner will proceed first to present its case with respect to the challenged
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`patent claims and grounds with respect to which the Board instituted trial.
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`Petitioner may reserve some of its argument time for use in further
`
`presentation after Patent Owner has responded to Petitioner’s initial
`
`presentation.
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`Patent Owner will respond to Petitioner’s initial presentation, having
`
`available to it the entirety of its allotted argument time. Thereafter,
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`Petitioner may make use of the time it has reserved, to rebut Patent Owner’s
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`presentation.
`
`
`4 All citations are to IPR2014-01366 unless otherwise noted. Petitioner has
`filed similar papers in IPR2014-01367 and IPR2014-01368, and, therefore,
`we only provide citations to IPR2014-01366 unless otherwise noted.
`
` 2
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`
`
`
`
`
`
`IPR2014-01366 (Patent 6,108,704 C1)
`IPR2014-01367 (Patent 6,009,469 C1)
`IPR2014-01368 (Patent 6,131,121 C1)
`
`
`The oral argument will be open to the public for in-person attendance,
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`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
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`Virginia 22314. In-person attendance will be accommodated on a first-
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`come, first-served basis.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`five business days prior to the hearing. The parties also shall provide a
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`courtesy copy of any demonstrative exhibits to the Board at least five
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`business days prior to the hearing by emailing them to Trials@uspto.gov.
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`The parties shall not file any demonstrative exhibits in these proceedings
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`without prior authorization from the Board. The parties must initiate a
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`conference call with the Board by two business days prior to the hearing to
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`resolve any dispute over the propriety of each party’s demonstrative
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`exhibits. Any dispute over the propriety of demonstrative exhibits that is not
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`timely presented two business days prior to the hearing will be considered
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`waived.
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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)
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`referenced during the hearing to ensure the clarity and accuracy of the
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`reporter’s transcript. If the parties have questions as to whether
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`demonstrative exhibits would be sufficiently visible and available to all of
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`the judges, the parties are invited to contact the Board at 571-272-9797. The
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`Board expects lead counsel for each party to be present at the hearing,
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`although backup counsel may make the actual presentation, in whole or in
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`part. Requests for audio-visual equipment are to be made 5 days in advance
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`of the hearing date by emailing the request to Trials@uspto.gov. If the
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` 3
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`
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`IPR2014-01366 (Patent 6,108,704 C1)
`IPR2014-01367 (Patent 6,009,469 C1)
`IPR2014-01368 (Patent 6,131,121 C1)
`
`request is not received timely, the equipment may not be available on the
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`day of the hearing.
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`
`
`For PETITIONER:
`
`Brian Erickson
`Samsung-sp-ipr@dlapiper.com
`
`Jeff Cole
`Samsung-sp-ipr@dlapiper.com
`
`
`
`For PATENT OWNER:
`
`William Meunier
`wameunier@mintz.com
`
`Michael Newman
`mcnewman@mintz.com
`
`
` 4