`Tel: 571-272-7822
`
`
`
` Entered: November 20, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TRW AUTOMOTIVE US LLC,
`Petitioner,
`
`v.
`
`MAGNA ELECTRONICS INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-01497 (Patent 8,531,278 B2)
`Case IPR2014-01499 (Patent 8,531,279 B2)1
`
`_______________
`
`
`
`Before JAMESON LEE, BARRY L. GROSSMAN, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`GROSSMAN, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 We use this caption to indicate that this Order applies to, and is entered in,
`both cases. The parties are not authorized to use this caption.
`
`
`
`Case IPR2014-01497 (Patent 8,531,278 B2)
`Case IPR2014-01499 (Patent 8,531,279 B2)
`
`
`A trial hearing for presentation of oral argument is scheduled for
`December 9, 2015, if requested by the parties. Paper 17.2 Both parties have
`requested oral argument. Papers 20, 21.
`A consolidated hearing will be held for IPR2014-01497 and IPR2014-
`01499. Any representation made by counsel at the consolidated hearing is
`applicable to and useable in both cases where there is a proper underlying basis for
`the representation.
`The hearing will commence at 9:00 AM Eastern Time, on Wednesday,
`December 9, 2015, at Madison Building East, Ninth Floor, 600 Dulany Street,
`Alexandria, Virginia 22314. Each party will have 60 minutes of total oral
`argument time for the consolidated oral argument. The Board will provide a court
`reporter for the hearing and the reporter’s transcript will constitute the official
`record of the hearing. The hearing transcript will be entered in the record of
`IPR2014-01497 and IPR2014-01499.
`Petitioner bears the ultimate burden of proof that Patent Owner’s patent
`claims at issue are unpatentable. Therefore, at the hearing, Petitioner will proceed
`first to present its case with respect to the challenged patent claims and grounds
`with respect to which the Board instituted trial in IPR2014-01497 and IPR2014-
`01499. Petitioner may reserve some of its argument time for use in further
`presentation after Patent Owner has responded to Petitioner’s initial presentation.
`Patent Owner will respond to Petitioner’s initial presentation, having available to it
`the entirety of its allotted argument time. Thereafter, Petitioner may make use of
`the time it has reserved, to rebut Patent Owner’s presentation. No live testimony
`from any witness will be taken at the hearing. There are no outstanding motions to
`
`
`2 Both cases have the same Paper Number, unless indicated otherwise.
`2
`
`
`
`
`
`Case IPR2014-01497 (Patent 8,531,278 B2)
`Case IPR2014-01499 (Patent 8,531,279 B2)
`
`be argued. If either party believes there are outstanding motions, they should so
`notify the Board at least three business days prior to the hearing.
`The oral argument will be open to the public. 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. They shall be filed with the Board three business
`days prior to the hearing and the parties must initiate a conference call with the
`Board at least two business days prior to the hearing to resolve any dispute over the
`propriety of each party’s demonstrative exhibits. For guidance on what constitutes
`an appropriate demonstrative exhibit, the parties are directed to Paper 118 in CBS
`Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB Oct. 23, 2013).
`The Board expects lead counsel for each party to be present at the hearing,
`although any backup counsel may make the actual presentation, in whole or in part.
`If lead counsel for either party will not be in attendance at the hearing, the Board
`should be notified via a joint telephone conference call no later than two business
`days prior to the hearing to discuss the matter.
`Requests for audio-visual equipment are to be made 5 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.
`
`
`
`3
`
`
`
`
`
`
`
`
`
`Case IPR2014-01497 (Patent 8,531,278 B2)
`Case IPR2014-01499 (Patent 8,531,279 B2)
`
`FOR PETITIONER:
`
`Jon Trembath
`A. Justin Poplin
`Timothy K. Sendek
`Hissan Anis
`Allan Sternstein
`Douglas W. Link
`LATHROP & GAGE, LLP
`patent@lathropgage.com
`jtrembath@lathropgage.com
`jpoplin@lathropgage.com
`tsendek@lathropgage.com
`HAnis@lathropgage.com
`asternstein@lathropgage.com
`DLink@lathropgage.com
`
`
`
`FOR PATENT OWNER:
`
`Timothy A. Flory
`Terence J. Linn
`GARDNER, LINN, BURKHART & FLORY, LLP
`flory@glbf.com
`linn@glbf.com
`
`David K.S. Cornwell
`Mark W. Rygiel
`Daniel Yonan
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`davidc-PTAB@skgf.com
`mrygiel-PTAB@skgf.com
`dyonan-PTAB@skgf.com
`
`
`
`
`
`4
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