`571-272-7822
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`Paper 30
`Date: February 8, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HM ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`3M INNOVATIVE PROPERTIES COMPANY,
`Patent Owner.
`____________
`
`Case IPR2015-00482
`Case IPR2015-00491
`Patent 8,694,040 B21
`____________
`
`Before JAMES P. CALVE, RICHARD E. RICE, and DAVID C. McKONE,
`Administrative Patent Judges.
`
`CALVE, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
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`1 This Order addresses an issue pertaining to both cases. Therefore, we exercise
`our discretion to issue a single Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
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`
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`IPR2015-00482 & IPR2015-00491
`Patent 8,694,040 B2
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`I. INTRODUCTION
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`The Scheduling Orders in both proceedings set March 3, 2016, as the date
`for oral argument. IPR2015-00482, Paper 13; IPR2015-00491, Paper 15. The
`parties requested oral argument in both proceedings. IPR2015-00482, Papers 25,
`26; IPR2015-00491, Papers 24, 25. The parties’ requests for oral argument were
`granted by the Board. IPR2015-00482, Paper 27; IPR2015-00491, Paper 27.
`Due to a scheduling conflict, the hearing for both proceedings has been
`rescheduled to March 10, 2016, at 10 AM Eastern. In emails to the Board, both
`parties confirmed their availability for oral argument on March 10, 2016.
`Accordingly, a consolidated hearing will commence at 10 AM Eastern, on
`Thursday, March 10, 2016, for both proceedings. It 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.
`Each party will have sixty (60) minutes to present its arguments. Petitioner,
`HM Electronics, Inc., will proceed first. Thereafter, Patent Owner, 3M Innovative
`Properties Co., will respond. Petitioner may reserve rebuttal time.
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing.
`At least five (5) business days prior to the hearing, each party shall serve on
`the other party any demonstrative exhibit(s) it intends to use during the hearing.
`See 37 C.F.R. § 42.70(b). The parties should attempt to work out any objections to
`demonstratives prior to involving the Board. At least two (2) business days prior
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`2
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`IPR2015-00482 & IPR2015-00491
`Patent 8,694,040 B2
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`to the hearing, the parties shall file the demonstrative exhibits with the Board.
`See id. 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) for guidance regarding appropriate content of
`demonstrative exhibits.
`The parties are reminded that each 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, 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 at the 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 the hearing, the Board should be
`notified via a joint telephone conference call no later than two days prior to the
`hearing to discuss the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov.
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`3
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`IPR2015-00482 & IPR2015-00491
`Patent 8,694,040 B2
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`PETITIONER:
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`Charles D. Segelbaum
`Adam R. Steinert
`Kurt J. Niederluecke
`FREDRIKSON & BYRON, P.A.
`csegelbaum@fredlaw.com
`asteinert@fredlaw.com
`kniederluecke@fredlaw.com
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`PATENT OWNER:
`
`Erik M. Drange
`David B. Patchett
`3M INNOVATIVE PROPERTIES COMPANY
`emdrange@mmm.com
`dbpatchett@mmm.com
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`Timothy E. Bianchi
`SCHWEGMAN LUNDBERG & WOESSNER, PA
`tbianchi@slwip.com
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`4