Trials@uspto.gov
`571-272-7822
`
`
`Paper No. 8
`Date Entered: July 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,
`Petitioners,
`
`v.
`
`BLACK HILLS MEDIA, LLC
`Patent Owner.
`____________
`
`Case IPR2014-00735
`Case IPR2015-00336
`Patent 6,618,593B1
`____________
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`
`
`Before BRIAN J. McNAMARA, DAVID C. McKONE, and
`PETER P. CHEN, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`
`571-272-7822
`
`
`Paper No. 8
`Date Entered: July 20, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC,
`Petitioners,
`
`v.
`
`BLACK HILLS MEDIA, LLC
`Patent Owner.
`____________
`
`Case IPR2014-00735
`Case IPR2015-00336
`Patent 6,618,593B1
`____________
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`
`
`Before BRIAN J. McNAMARA, DAVID C. McKONE, and
`PETER P. CHEN, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`
`
`Case IPR2014-00735; IPR2015-00336
`Patent 6,618,593 B1
`
`
` A
`
` trial in IPR2014-00735 was instituted on November 4, 2014. Paper 18. A
`trial was instituted in IPR2015-00336 and joined to this proceeding on January 28,
`2015. Paper 31. A Scheduling Order issued on December 18, 2014 set the date for
`oral hearing to July 28, 2015, if hearing is requested by the parties and granted by
`the Board. Paper 27 (“Scheduling Order”). Both parties have requested oral
`hearing pursuant to 37 C.F.R. § 42.70. The request is GRANTED.
`Each party will have 40 minutes of total argument time. Samsung
`Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
`Telecommunications America, LLC (collectively, “Petitioner”) bears the ultimate
`burden of proof that the claims at issue in this review are unpatentable. Therefore,
`at oral hearing Petitioner will proceed first to present its case with regard to the
`challenged claims on which basis we instituted trial. Thereafter, Black Hills
`Media, LLC (“Patent Owner”) will argue its opposition to Petitioner’s case. Patent
`Owner will also present its own case with regard to its motion to exclude evidence,
`as Patent Owner bears the burden of proof on its motion. Petitioner may then use
`any time Petitioner reserved to rebut Patent Owner’s opposition and to oppose
`Patent Owner’s motion to exclude evidence. Finally, Patent Owner may use any
`time it reserved solely to rebut Petitioner’s opposition to Patent Owner’s motion to
`exclude evidence.
`There is a strong public policy interest in making all information presented
`in these proceedings public, as the review determines the patentability of claims in
`an issued patent and thus affects the rights of the public. This policy is reflected in
`part, for example, in 35 U.S.C. § 316(a)(1) and 35 U.S. C. § 326(a)(1), which
`provide that the file of any inter partes review or post grant review be made
`available to the public, except that any petition or document filed with the intent
`
`
`
`2
`
`
`
`Case IPR2014-00735; IPR2015-00336
`Patent 6,618,593 B1
`
`that it be sealed shall, if accompanied by a motion to seal, be treated as sealed
`pending the outcome of the ruling on the motion. There are no motions to seal in
`the present proceeding. Accordingly, the Board exercises its discretion to make
`the oral hearing publically available via in-person attendance.
`Specifically, the hearing will commence at 3:30 PM ET, on July 28, 2015,
`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. 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. Under 37 C.F.R.
`§ 42.70(b), demonstrative exhibits must be served five business days before the
`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`appropriate content of demonstrative exhibits. Any issue regarding demonstrative
`exhibits should be resolved at least two days prior to the hearing by way of a joint
`telephone conference call to the Board. The parties are responsible for requesting
`such a conference sufficiently in advance of the hearing to accommodate this
`requirement. Any objection to demonstrative exhibits that is not timely presented
`will be considered waived. Demonstratives should be filed at the Board no later
`than two days before the hearing. A hard copy of the demonstratives should be
`provided to the court reporter at the hearing.
`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
`
`
`
`3
`
`
`
`Case IPR2014-00735; IPR2015-00336
`Patent 6,618,593 B1
`
`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. 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 if a demonstrative is not filed or otherwise made fully available or
`visible to the judge presiding over the hearing remotely, that demonstrative will not
`be considered. 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.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, lead or backup counsel may present the party’s argument.
`If either party anticipates that its lead counsel will not be attending 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 IPR2014-00735; IPR2015-00336
`Patent 6,618,593 B1
`
`PETITIONER:
`
`Dori Johnson Hines
`Jonathan R. Stroud
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`dori.hines@finnegan.com
`jonathan.stroud@finnegan.com
`
`
`
`PATENT OWNER:
`
`Andrew Crain
`Robert Gravois
`Kenneth Know
`THOMAS | HORSTEMEYER, LLP
`andrew.crain@thomashorstemeyer.com
`robert.gravois@thomashorstemeyer.com
`kenny.knox@thomashorstemeyer.com
`
`
`
`
`
`5
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