Trials@uspto.gov
`571.272.7822
`
`Paper No. 16
`Filed: December 2, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`IMATION CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-00066
`Patent 6,890,188 B1
`____________
`
`
`
`Before KEVIN F. TURNER, STACEY G. WHITE, and KERRY BEGLEY,
`Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`571.272.7822
`
`Paper No. 16
`Filed: December 2, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner,
`
`v.
`
`IMATION CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2015-00066
`Patent 6,890,188 B1
`____________
`
`
`
`Before KEVIN F. TURNER, STACEY G. WHITE, and KERRY BEGLEY,
`Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-00066
`Patent 6,890,188 B1
`
`Petitioner Kingston Technology Company, Inc. (“Petitioner”) and
`
`Patent Owner Imation Corporation (“Patent Owner”) request an oral hearing
`
`pursuant to 37 C.F.R. § 42.70. See Paper 14, Paper 15. The parties’
`
`requests are granted.
`
`The hearing will commence at 1:00PM EST, on January 15, 2016, on
`
`the ninth Floor of the Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia. Petitioner and Patent Owner will each have sixty
`
`minutes of total argument time. Petitioner bears the ultimate burden of proof
`
`that the claims at issue in this review are unpatentable. Patent Owner did not
`
`file a motion to amend and neither party filed any motions to exclude in this
`
`proceeding. Accordingly, the hearing shall proceed as follows. Petitioner
`
`will first present its arguments regarding the challenged claims and grounds
`
`on which the Board instituted trial. Patent Owner will respond to
`
`Petitioner’s arguments. To the extent that Petitioner reserves rebuttal time,
`
`Petitioner then may make use of its rebuttal time to respond to Patent
`
`Owner’s arguments.
`
`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 will be open to the public for in-person attendance, which will be
`
`accommodated on a first-come, first-serve basis. If either party intends to
`
`discuss confidential information, subject to an order limiting its disclosure,
`
`during the hearing, that party shall notify the panel by e-mail to
`
`Trials@uspto.gov at least three business days in advance of the hearing in
`
`order 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
`
`
`
`2
`
`
`
`IPR2015-00066
`Patent 6,890,188 B1
`
`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 business days before the hearing. The
`
`parties also shall provide a courtesy copy of the demonstrative exhibits to
`
`the Board at least five business days before the hearing by e-mailing them to
`
`Trials@uspto.gov. Each party shall provide a hard copy of their
`
`demonstratives to the court reporter at 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), and CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`
`Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118), regarding the
`
`appropriate content of demonstrative exhibits.
`
`The parties must file any objections to the demonstrative exhibits with
`
`the Board at least three business days before the hearing. Any objection to
`
`demonstrative exhibits that is not timely presented will be considered
`
`waived. The objections should identify with particularity which
`
`demonstrative exhibits are subject to objection, and include a short (one
`
`sentence or less) statement of the reason for each objection. No argument or
`
`further explanation is permitted. The Board will consider the objections and
`
`schedule a conference if deemed necessary. Otherwise, the Board will
`
`reserve ruling on the objections until after the oral hearing.
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`
`
`3
`
`
`
`IPR2015-00066
`Patent 6,890,188 B1
`
`equipment are to be made by e-mail to Trials@uspto.gov at least five
`
`business days in advance of the hearing date. 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 number)
`
`referenced during the hearing to ensure the clarity and accuracy of the
`
`transcript. The parties also should note that at least one member of the panel
`
`will be attending the hearing electronically from a remote location and that
`
`demonstratives should be made fully available and visible to the judge
`
`presiding over the hearing remotely. If the parties have questions as to
`
`whether demonstrative exhibits would be sufficiently visible and available to
`
`all of the judges, the parties are invited to contact the Board at (571) 272-
`
`9797. 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.
`
`The Board expects lead counsel for each party to be present in person
`
`at the hearing. Lead or backup counsel, 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 three business days prior to
`
`the hearing to discuss the matter.
`
`Accordingly, it is:
`
`ORDER
`
`ORDERED that oral hearing shall commence at 1:00pm EST on
`
`January 15, 2016, on the ninth Floor of the Madison Building East, 600
`
`Dulany Street, Alexandria, Virginia.
`
`
`
`4
`
`
`
`IPR2015-00066
`Patent 6,890,188 B1
`
`PETITIONER:
`
`Martha Hopkins
`Victoria Hao
`LAW OFFICES OF S.J. CHRISTINE YANG
`mhopkins@sjclawpc.com
`vhao@sjclawpc.com
`
`Matthew Werber
`SEYFARTH SHAW LLP
`mwerber@seyfarth.com
`
`PATENT OWNER:
`
`Michelle E. Dawson
`Devan V. Padmanabhan
`Nadeem W. Schwen
`WINTHROP & WEINSTINE, P.A.
`mdawson@winthrop.com
`dpadmanabhan@winthrop.com
`nschwen@winthrop.com
`
`
`
`5
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