Trials@uspto.gov Paper 57, IPR2015-00035;
`571.272.7822 Paper 65, IPR2015-00040
` Entered: November 20, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MASTERIMAGE 3D, INC. and
`MASTERIMAGE 3D ASIA, LLC,
`Petitioner,
`
`v.
`
`REALD INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00035 (Patent 7,857,455 B2)
` Case IPR2015-00040 (Patent 8,220,934 B2)1
`_______________
`
`
`
`Before JAMESON LEE, JAMES B. ARPIN, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order addresses issues that apply to the two cases. We, therefore,
`exercise our discretion to issue one Order to be filed in each of the cases.
`The parties are not authorized to use this heading style in their papers.
`
`
`
`
`571.272.7822 Paper 65, IPR2015-00040
` Entered: November 20, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MASTERIMAGE 3D, INC. and
`MASTERIMAGE 3D ASIA, LLC,
`Petitioner,
`
`v.
`
`REALD INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00035 (Patent 7,857,455 B2)
` Case IPR2015-00040 (Patent 8,220,934 B2)1
`_______________
`
`
`
`Before JAMESON LEE, JAMES B. ARPIN, and
`BART A. GERSTENBLITH, Administrative Patent Judges.
`
`GERSTENBLITH, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order addresses issues that apply to the two cases. We, therefore,
`exercise our discretion to issue one Order to be filed in each of the cases.
`The parties are not authorized to use this heading style in their papers.
`
`
`
`
`
`IPR2015-00035 (Patent 7,857,455 B2)
`IPR2015-00040 (Patent 8,220,934 B2)
`
`
`The parties request an oral hearing pursuant to 37 C.F.R. § 42.70.
`
`See, e.g., Paper 55.2 The parties’ requests are granted. Although the two
`
`cases captioned above are not consolidated, the hearings will be consolidated
`
`and one common transcript will be provided.
`
`Petitioner and Patent Owner will each have ninety (90) minutes of
`
`total argument time. We anticipate at least one short break.
`
`Petitioner bears the ultimate burden of proof that the claims at issue in
`
`these reviews are unpatentable. Patent Owner, however, bears the ultimate
`
`burden of proof that the proposed claims set forth in its Contingent Motion
`
`to Amend (IPR2015-00040, Paper 43) are patentable. Patent Owner did not
`
`file a motion to amend in IPR2015-00035.
`
`At the hearing, Petitioner first will present its arguments in
`
`IPR2015-00035 with regard to the challenged claims on which we instituted
`
`trial. Thereafter, Patent Owner will argue its opposition to Petitioner’s case.
`
`To the extent Petitioner reserves rebuttal time, Petitioner then may make use
`
`of its rebuttal time responding to Patent Owner’s presentation. Patent
`
`Owner will not have rebuttal time in IPR2015-00035.
`
`Petitioner then will present its argument in IPR2015-00040 with
`
`regard to the challenged claims on which we instituted trial, as well as any
`
`argument directed to its Motion to Exclude (IPR2015-00040, Paper 64).
`
`Petitioner may reserve rebuttal time to respond to Patent Owner’s arguments
`
`in support of the challenged claims and any arguments presented regarding
`
`Petitioner’s Motion to Exclude, as well as Patent Owner’s Motion to
`
`Exclude (IPR2015-00040, Paper 62), if raised by Patent Owner at the
`
`
`2 For ease of reference, the papers and exhibits cited herein refer to those
`filed in IPR2015-00035, unless otherwise indicated.
`
`
`
`2
`
`
`
`IPR2015-00035 (Patent 7,857,455 B2)
`IPR2015-00040 (Patent 8,220,934 B2)
`
`hearing, and in support of the proposed claims in Patent Owner’s Contingent
`
`Motion to Amend (collectively, “Patent Owner’s Motions”), if Patent Owner
`
`addresses the particular motion during its presentation. Thereafter, Patent
`
`Owner will present its opposition to Petitioner’s case and also may present
`
`argument directed to Patent Owner’s Motions, including why the proposed
`
`claims in its Contingent Motion to Amend are patentable. Patent Owner
`
`may only reserve rebuttal time to respond to Petitioner’s arguments
`
`concerning Patent Owner’s Motions. To the extent Petitioner reserves
`
`rebuttal time, Petitioner then may use of the remainder of its time responding
`
`to Patent Owner’s case. To the extent Patent Owner reserves rebuttal time,
`
`Patent Owner may use the remainder of its time responding to Petitioner’s
`
`argument in opposition to Patent Owner’s Motions. To the extent there are
`
`common issues across the proceedings, those issues may be addressed at the
`
`same time.
`
`The hearing will commence at 1:00PM EST, on December 10, 2015,
`
`and it will be open to the public for in-person attendance, on the Ninth Floor
`
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`In-person attendance will be accommodated on a first-come, first-serve
`
`basis. The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing. If
`
`either party intends to discuss confidential information, subject to an order
`
`limiting its disclosure, during the hearing, that party shall notify the panel at
`
`least two business days in advance, via an email to Trials@uspto.gov, to
`
`arrange a conference call. The parties are encouraged to employ other
`
`means to refer to confidential information at the hearing, for example by
`
`citing to a paper or exhibit containing the information or referring to the
`
`
`
`3
`
`
`
`IPR2015-00035 (Patent 7,857,455 B2)
`IPR2015-00040 (Patent 8,220,934 B2)
`
`information in general terms, rather than expressly reciting the confidential
`
`information. Recitation of confidential information at the public hearing
`
`will result in the information being disclosed publicly. Further, the parties
`
`should not include confidential information in any demonstratives.
`
`Under 37 C.F.R. § 42.70(b), the parties shall serve demonstrative
`
`exhibits upon each other at least five (5) business days before the hearing.
`
`The parties also shall provide the demonstrative exhibits to the Board at least
`
`five (5) business days before the hearing by emailing them to
`
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits
`
`without our prior authorization. 37 C.F.R. § 42.5(b). Each party shall
`
`provide a paper copy of their demonstratives to the court reporter at the
`
`hearing. Such paper copies shall not become part of the record of these
`
`proceedings. The parties are directed to St. Jude Medical, Cardiology
`
`Division, Inc. v. The Board of Regents of the University of Michigan,
`
`IPR2013-00041, slip op. at 2–5 (PTAB Jan. 27, 2014) (Paper 65), and CBS
`
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, slip op.
`
`at 2–4 (PTAB Oct. 23, 2013) (Paper 118), regarding the appropriate content
`
`of demonstrative exhibits.
`
`Questions regarding special equipment, such as specific audio-visual
`
`equipment, or special needs, such as additional space for a wheel chair or
`
`similar accommodations, 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 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. The parties are reminded that the presenter must identify
`
`clearly and specifically each demonstrative exhibit (e.g., by slide or screen
`
`
`
`4
`
`
`
`IPR2015-00035 (Patent 7,857,455 B2)
`IPR2015-00040 (Patent 8,220,934 B2)
`
`number) referenced during the hearing to ensure the clarity and accuracy of
`
`the transcript. Additionally, Judge Arpin shall participate in the hearing
`
`remotely. Images projected, using audio visual equipment in Alexandria,
`
`will not be visible to Judge Arpin. Further, because of limitations on the
`
`audio transmission systems in the hearing rooms, the presenter may speak
`
`only when standing at the hearing room podium.
`
`We expect lead counsel for each party to be present in person at the
`
`hearing. Any counsel of record, however, may present the party’s argument.
`
`If either party anticipates that its lead counsel will not be attending the
`
`hearing, that party should initiate a joint telephone conference with the other
`
`party and the Board no later than two business days prior to the hearing to
`
`discuss the matter.
`
`
`
`
`
`
`
`5
`
`
`
`IPR2015-00035 (Patent 7,857,455 B2)
`IPR2015-00040 (Patent 8,220,934 B2)
`
`For PETITIONER:
`
`Evan Finkel
`Roger Wise
`evan.finkel@pillsburylaw.com
`roger.wise@pillsburylaw.com
`
`
`
`For PATENT OWNER:
`
`Brian McCormack
`William D. McSpadden
`brian.mccormack@bakermckenzie.com
`william.mcspadden@bakermckenzie.com
`
`
`
`
`6
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