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`
`
`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 40
`Entered: January 28, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`WESTERNGECO, L.L.C.,
`Petitioner,
`
`v.
`
`PGS GEOPHYSICAL AS,
`Patent Owner.
`Cases1
`IPR2015-00309 (Patent 6,906,981 B2)
`IPR2015-00310 (Patent 6,906,981 B2)
`IPR2015-00311 (Patent 6,906,981 B2)
`
`
`
`
`Before JUSTIN BUSCH, MITCHELL G. WEATHERLY, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`1 This Decision applies to each of the listed cases. We exercise our
`discretion to issue one Order to be entered in each case. The parties,
`however, are not authorized to use this caption for any subsequent papers.
`References to documents are those filed in IPR2015-00309 unless otherwise
`noted.
`
`
`
`IPR2015-00309 (Patent 6,906,981 B2)
`IPR2015-00310 (Patent 6,906,981 B2)
`IPR2015-00311 (Patent 6,906,981 B2)
`
`The Scheduling Order for these cases set the date for oral argument on
`February 10, 2016. Paper 16, 6. Both parties request a hearing in this case
`pursuant to 37 C.F.R. § 42.70. Papers 38, 39. Upon inquiry from the Board
`regarding potentially changing the hearing date, both parties indicated that
`they are available on March 2, 2016. The requests are granted.
`Both parties also requested that the hearing for IPR2015-00309,
`IPR2015-00310, IPR2015-00311, and IPR2015-00313 be consolidated.
`Paper 38, 1; Paper 39, 1. We grant the request with respect to IPR2015-
`00309, IPR2015-00310, and IPR2015-00311. The consolidated hearing,
`however, will not include argument with respect to IPR2015-00313, and a
`separate hearing will be conducted for that matter.
`Each party will have sixty (60) minutes total time to present
`arguments with respect to all three matters. Petitioner bears the ultimate
`burden of proof that Patent Owner’s claims are unpatentable. Therefore, at
`oral hearing, Petitioner will proceed first to present its case regarding the
`challenged claims and grounds for which the Board instituted trial.
`Thereafter, Patent Owner will respond to Petitioner’s presentation.
`Petitioner may reserve rebuttal time to respond to Patent Owner’s
`presentation.
`The oral argument will commence at 1:00 PM Eastern Time, on
`March 2, 2016, and 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-
`served basis. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`
`2
`
`
`
`IPR2015-00309 (Patent 6,906,981 B2)
`IPR2015-00310 (Patent 6,906,981 B2)
`IPR2015-00311 (Patent 6,906,981 B2)
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. The parties also shall provide a
`courtesy copy of any demonstrative exhibits 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. The parties are directed to CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper
`118 (October 23, 2013), regarding the appropriate content of demonstrative
`exhibits. No live testimony from any witness will be taken at the oral
`argument.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. 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.
`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.
`Some members of the panel will be attending the oral argument
`remotely via electronic audio/visual communication equipment. The remote
`judges will have access only to the courtesy copy of the demonstrative
`exhibits previously submitted by email, as discussed above. The Board
`expects lead counsel for each party to be present at hearing, although any
`backup counsel may make the actual presentation, in whole or in part. If any
`lead counsel will not be in attendance at hearing, the Board should be
`
`3
`
`
`
`IPR2015-00309 (Patent 6,906,981 B2)
`IPR2015-00310 (Patent 6,906,981 B2)
`IPR2015-00311 (Patent 6,906,981 B2)
`
`notified via a joint telephone conference call no later than two days prior to
`the hearing to discuss the matter.
`
`For PETITIONER:
`
`Michael L. Kiklis
`Scott McKeown
`Kevin Laurence
`Christopher Ricciuti
`Katherine Cappaert
`OBLON SPIVAK
`CPDocketKiklis@oblon.com
`CPDocketMcKeown@oblon.com
`CPDocketLaurence@oblon.com
`CPDocketCappaert@oblon.com
`CPDocketRicciuti@oblon.com
`
`
`
`For PATENT OWNER:
`
`David Berl
`Jessamyn Berniker
`David M. Krinsky
`Thomas S. Fletcher
`Christopher Suarez
`WILLIAMS & CONNOLLY, LLP
`dberl@wc.com
`jberniker@wc.com
`dkrinsky@wc.com
`tfletcher@wc.com
`csuarez@sc.com
`
`4
`
`
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