Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 35
`Entered: January 6, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NINTENDO OF AMERICA INC. and NINTENDO CO., LTD.,
`Petitioner,
`
`v.
`
`ILIFE TECHNOLOGIES,
`Patent Owner.
`
`Case IPR2015-00105 (Patent 6,307,481 B1)
`Case IPR2015-00106 (Patent 6,703,939 B2)
`Case IPR2015-00109 (Patent 6,864,796 B2)
`Case IPR2015-00112 (Patent 7,095,331 B2)
`Case IPR2015-00113 (Patent 7,145,461 B2)
`Case IPR2015-00115 (Patent 7,479,890 B2)1
`
`
`
`
`
`
`
`
`
`
`Before JACQUELINE WRIGHT BONILLA, MICHELLE R. OSINSKI, and
`HYUN J. JUNG, Administrative Patent Judges.
`
`OSINSKI, Administrative Patent Judge.
`
`Order
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings absent our
`leave.
`
`
`
`
`Tel: 571-272-7822
`
`Paper 35
`Entered: January 6, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NINTENDO OF AMERICA INC. and NINTENDO CO., LTD.,
`Petitioner,
`
`v.
`
`ILIFE TECHNOLOGIES,
`Patent Owner.
`
`Case IPR2015-00105 (Patent 6,307,481 B1)
`Case IPR2015-00106 (Patent 6,703,939 B2)
`Case IPR2015-00109 (Patent 6,864,796 B2)
`Case IPR2015-00112 (Patent 7,095,331 B2)
`Case IPR2015-00113 (Patent 7,145,461 B2)
`Case IPR2015-00115 (Patent 7,479,890 B2)1
`
`
`
`
`
`
`
`
`
`
`Before JACQUELINE WRIGHT BONILLA, MICHELLE R. OSINSKI, and
`HYUN J. JUNG, Administrative Patent Judges.
`
`OSINSKI, Administrative Patent Judge.
`
`Order
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings absent our
`leave.
`
`
`
`
`
`Case IPR2015-00105 (Patent 6,307,481 B1)
`Case IPR2015-00106 (Patent 6,703,939 B2)
`Case IPR2015-00109 (Patent 6,864,796 B2)
`Case IPR2015-00112 (Patent 7,095,331 B2)
`Case IPR2015-00113 (Patent 7,145,461 B2)
`Case IPR2015-00115 (Patent 7,479,890 B2)
`
`Patent Owner and Petitioner each request oral hearing pursuant to 37
`
`C.F.R. § 42.70 in relation to the above-captioned six proceedings. IPR2015-
`00105, Papers 25, 26; IPR2015-00106, Papers 27, 28; IPR2015-00109,
`Papers 27, 28; IPR2015-00112, Papers 27, 28; IPR2015-00113, Papers 25,
`26; IPR2015-00115, Papers 27, 28. Upon consideration, the requests for
`oral hearing are granted. Oral argument shall commence at 9:00 AM
`Eastern Time on Wednesday, January 27, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`Although the six proceedings have not been consolidated, the six
`proceedings involve similar challenged claims and overlapping prior art. A
`combined hearing for all six proceedings, therefore, is appropriate under the
`circumstances, and one common transcript will be provided. Each party will
`have one hundred twenty (120) minutes of total time to present arguments
`for all six proceedings. We anticipate that a break may be warranted, but
`will reserve proposing a specific time for such a break at the time of the
`hearing in order to take advantage of any natural break in the flow of the
`hearing.
`For each proceeding, Petitioner bears the ultimate burden of proof that
`the challenged claims are unpatentable. Therefore, Petitioner will open the
`hearing by presenting its case with respect to the challenged claims and
`grounds for which the Board instituted trial in IPR2015-00105, IPR2015-
`00106, IPR2015-00109, IPR2015-00112, IPR2015-00113, and IPR2015-
`00115. Patent Owner will then respond to Petitioner’s arguments as to the
`
`2
`
`
`
`Case IPR2015-00105 (Patent 6,307,481 B1)
`Case IPR2015-00106 (Patent 6,703,939 B2)
`Case IPR2015-00109 (Patent 6,864,796 B2)
`Case IPR2015-00112 (Patent 7,095,331 B2)
`Case IPR2015-00113 (Patent 7,145,461 B2)
`Case IPR2015-00115 (Patent 7,479,890 B2)
`
`challenged claims in all six proceedings. Petitioner may reserve rebuttal
`time to respond to arguments presented by Patent Owner. Patent Owner
`may not reserve rebuttal time.
`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 these proceedings. 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.
`Demonstratives are aids in support of oral argument and are not
`evidence in this proceeding. Under 37 C.F.R. § 42.70(b), demonstrative
`exhibits must be served on opposing counsel at least five business days
`before the hearing and filed no later than the time of the hearing. The Board
`requests demonstrative exhibits be filed at the Board at least five business
`days before the hearing to facilitate the panel’s preparation. The parties may
`refer to CBS Interactive Inc. v. Helferic Patent Licensing, LLC, IPR2013-
`00033 (PTAB Oct. 23, 2013) (Paper 118) and 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
`
`3
`
`
`
`Case IPR2015-00105 (Patent 6,307,481 B1)
`Case IPR2015-00106 (Patent 6,703,939 B2)
`Case IPR2015-00109 (Patent 6,864,796 B2)
`Case IPR2015-00112 (Patent 7,095,331 B2)
`Case IPR2015-00113 (Patent 7,145,461 B2)
`Case IPR2015-00115 (Patent 7,479,890 B2)
`
`with the Board at least three 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.
`At least one member of the panel hearing this case will attend the
`hearing remotely, by video and audio link. The parties are reminded that,
`during the hearing, the presenter must identify clearly each demonstrative
`exhibit (e.g., by referencing a specific slide or screen number) to ensure the
`clarity and accuracy of the reporter’s transcript, and to ensure that a remote
`judge can follow the argument, even if the video connection is disrupted.
`The parties are requested to speak directly into the microphone, including
`during initial introduction of counsel.
`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 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.
`
`4
`
`
`
`Case IPR2015-00105 (Patent 6,307,481 B1)
`Case IPR2015-00106 (Patent 6,703,939 B2)
`Case IPR2015-00109 (Patent 6,864,796 B2)
`Case IPR2015-00112 (Patent 7,095,331 B2)
`Case IPR2015-00113 (Patent 7,145,461 B2)
`Case IPR2015-00115 (Patent 7,479,890 B2)
`
`
`Petitioner has requested a projector and screen, and Patent Owner has
`requested a screen, projector, power strip, and VGA cable. See, e.g.,
`IIPR2015-00105, Papers 25, 26. Requests for audio-visual equipment are to
`be sent to Trials@uspto.gov and are to be made at least five 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. Questions regarding specific
`audio-visual equipment should be directed to the Board at (571) 272-9797.
`
`In light of the foregoing it is:
`ORDERED that the parties’ requests for oral hearing are granted
`subject to the conditions set forth in this Order; and
`FURTHER ORDERED that the oral hearing, conducted pursuant to
`the procedures outlined above, shall commence at 9:00 AM Eastern Time on
`Wednesday, January 27, 2016.
`
`
`
`5
`
`
`
`
`
`Case IPR2015-00105 (Patent 6,307,481 B1)
`Case IPR2015-00106 (Patent 6,703,939 B2)
`Case IPR2015-00109 (Patent 6,864,796 B2)
`Case IPR2015-00112 (Patent 7,095,331 B2)
`Case IPR2015-00113 (Patent 7,145,461 B2)
`Case IPR2015-00115 (Patent 7,479,890 B2)
`
`PETITIONER:
`
`Joseph S. Presta
`Robert W. Faris
`NIXON & VANDERHYE, P.C.
`jsp@nixonvan.com
`rwf@nixonvan.com
`
`
`
`PATENT OWNER:
`
`Daniel E. Venglarik
`David M. Doyle
`Michael C. Wilson
`S. Wallace Dunwoody
`MUNCK WILSON MANDALA LLP
`PTAB-ILIF@munckwilson.com
`dvenglarik@munckwilson.com
`ddoyle@munckwilson.com
`mwilson@munckwilson.com
`wdunwoody@munckwilson.com
`
`
`6
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