Trials@uspto.gov
`571-272-7822
`
`
`
`
` Paper 59
`
`Entered: January 19, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DAIFUKU CO., LTD. AND DAIFUKU AMERICA CORP.,
`Petitioner,
`
`v.
`
`MURATA MACHINERY, LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-00083 (Patent 8,197,172 B2)
`Case IPR2015-00085 (Patent 7,771,153 B2)
`Case IPR2015-00088 (Patent 7,165,927 B2)1
`____________
`
`
`
`Before KEN B. BARRETT, BARRY L. GROSSMAN,
`and BRIAN P. MURPHY, Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`571-272-7822
`
`
`
`
` Paper 59
`
`Entered: January 19, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DAIFUKU CO., LTD. AND DAIFUKU AMERICA CORP.,
`Petitioner,
`
`v.
`
`MURATA MACHINERY, LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-00083 (Patent 8,197,172 B2)
`Case IPR2015-00085 (Patent 7,771,153 B2)
`Case IPR2015-00088 (Patent 7,165,927 B2)1
`____________
`
`
`
`Before KEN B. BARRETT, BARRY L. GROSSMAN,
`and BRIAN P. MURPHY, Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`
`Case IPR2015-00083 (Patent 8,197,172 B2)
`Case IPR2015-00085 (Patent 7,771,153 B2)
`Case IPR2015-00088 (Patent 7,165,927 B2)
`
`Petitioner, Daifuku Co., Ltd. and Daifuku America Corp., and Patent
`
`Owner, Murata Machinery, Ltd., each requested oral argument pursuant to
`37 C.F.R. § 42.70(a). Papers 44 and 49 (IPR2015-00083 and
`IPR2015-00088); Papers 46, 52 (IPR2015-00085). The requests are granted.
`
`The hearing will commence at 9:30 AM ET, on Thursday, February 4,
`2016, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. The hearing will be open to the public for in-person
`attendance that will be accommodated on a first-come, first-served basis.
`The Board will provide a court reporter, and the reporter’s transcript will
`constitute the official record of the hearing.
`
`Each party will have a total of one hour to present arguments for all
`three cases. Petitioner bears the ultimate burden of proof that Patent
`Owner’s patent claims at issue are unpatentable. Thus, 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. Thereafter,
`Patent Owner will respond to Petitioner’s arguments. Petitioner may reserve
`some of its argument time to respond to Patent Owner’s presentation. 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 reporter’s
`transcript.
`
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least five business days prior to the hearing date.
`The parties also shall provide a courtesy copy of any demonstrative exhibits
`
`2
`
`
`
`Case IPR2015-00083 (Patent 8,197,172 B2)
`Case IPR2015-00085 (Patent 7,771,153 B2)
`Case IPR2015-00088 (Patent 7,165,927 B2)
`
`to the Board at least five business days prior to the hearing by emailing them
`to Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this proceeding without prior authorization from the Board. A hard copy of
`the demonstratives should be provided to the court reporter at the hearing.
`The parties may refer to CBS Interactive Inc. v. Helferich Patent Licensing,
`LLC, IPR2013-00033 (PTAB October 23, 2013) (Paper 118), and St. Jude
`Medical, Cardiology Div., Inc. v. The Board of Regents of the University of
`Michigan, IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65) regarding the
`appropriate content of demonstrative exhibits.
`
`Requests for audio-visual equipment are to be made five (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.
`
`We expect lead counsel for each party to be present at the hearing,
`although lead or back-up counsel of record may make the presentation. If
`either party anticipates that its lead counsel will not attend 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.
`
`The parties are reminded that, at the oral argument, they “may rely
`upon evidence that has been previously submitted in the proceeding and may
`only present arguments relied upon in the papers previously submitted.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
`2012). “No new evidence or arguments may be presented at the oral
`argument.” Id.
`
`3
`
`
`
`Case IPR2015-00083 (Patent 8,197,172 B2)
`Case IPR2015-00085 (Patent 7,771,153 B2)
`Case IPR2015-00088 (Patent 7,165,927 B2)
`
`Accordingly, it is:
`
`ORDERED that oral argument will commence at 9:30 AM ET, on
`
`Thursday, February 4, 2016, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia.
`
`
`
`FOR PETITIONER:
`
`Mark J. Thronson
`Dipu A. Doshi
`DICKSTEIN SHAPIRO LLP
`thronsonm@dicksteinshapiro.com
`Daifuku.IPR@dicksteinshapiro.com
`
`FOR PATENT OWNER:
`
`David L. McCombs
`Thomas B. King
`Greg J. Michelson
`Gregory P. Huh
`HAYNES AND BOONE, LLP
`david.mccombs.ipr@haynesboone.com
`ipr.thomas.king@haynesboone.com
`greg.michelson.ipr@haynesboone.com
`gregory.huh.ipr@hynesboone.com
`
`David Ben-Meir
`Jim Warriner
`NORTON ROSE FULBRIGHT US LLP
`david.ben-meir@nortonrosefulbright.com
`jim.warriner@nortonrosefulbright.com
`
`4
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