`Tel: 571-272-7822
`
`Paper 50
`Entered: December 17, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`SURE-FIRE ELECTRICAL CORPORATION,
`Petitioner,
`
`v.
`
`YONGJIANG YIN and SHENZHEN EL LIGHTING CO. LTD.,
`Patent Owner.
`
`Case IPR2014-01448
`Patent 7,671,279 B2
`
`
`
`
`
`Before DEBRA K. STEPHENS, JENNIFER S. BISK, and
`PETER P. CHEN, Administrative Patent Judges.
`
`BISK, Administrative Patent Judge.
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`IPR2014-01448
`Patent 7,671,279 B2
`
`
`
`
`Both parties requested oral hearing pursuant to 37 C.F.R. § 42.70.
`
`Papers 41, 42. Upon consideration, the requests for oral hearing are granted.
`
`Oral argument shall commence at 2:00 PM Eastern Time on January 11,
`
`2016, on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia.
`
`Each party will have thirty-five minutes of total time to present
`
`arguments. Petitioner bears the ultimate burden of proof that Patent
`
`Owner’s 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.
`
`The Board will provide a court reporter, and the transcript shall
`
`constitute the official record of the hearing. No motions to seal have been
`
`filed in this proceeding. Accordingly, 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 five business days before the hearing.
`
`The parties also shall provide the demonstrative exhibits to the Board no
`
`later than the time of the hearing by emailing them to Trials@uspto.gov.
`
`The parties shall not file any demonstrative exhibits in this proceeding
`
`2
`
`
`
`IPR2014-01448
`Patent 7,671,279 B2
`
`without prior authorization from the Board.1 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
`
`cannot be resolved the parties may file any objections to demonstratives with
`
`the Board at least two 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.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, any counsel of record may present the party’s
`
`argument. If either party anticipates that its lead counsel will not be
`
`attending 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.
`
`
`1 We suspend, for this proceeding, the portion of 37 C.F.R. § 42.70(b)
`stating that demonstrative exhibits must be “filed no later than the time of
`the oral argument.”
`
`3
`
`
`
`IPR2014-01448
`Patent 7,671,279 B2
`
`
`Any special requests for audio visual equipment should be directed to
`
`Trials@uspto.gov.
`
`
`
`Accordingly, it is:
`
`ORDERED that oral hearing, conducted pursuant to the procedures
`
`outlined above, shall commence at 2:00 PM Eastern Time on January 11,
`
`2016.
`
`
`
`
`
`4
`
`
`
`IPR2014-01448
`Patent 7,671,279 B2
`
`
`
`PETITIONER:
`
`Ryan Schultz
`rmschultz@rkmc.com
`
`PATENT OWNER:
`
`Mark Whittenberger
`mark.whittenberger@hklaw.com
`
`5
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