`571-272-7822
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` Paper: 31
`
`Entered: January 15, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`DISH NETWORK L.L.C.,
`Petitioner,
`
`v.
`
`DRAGON INTELLECTUAL PROPERTY,
`Patent Owner.
`
`_______________
`Case IPR2015-00499
`Patent 5,930,444
`____________________
`
`
`Before NEIL T. POWELL, STACEY G.WHITE, and J. JOHN LEE,
`Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-00499
`Patent 5,930,444
`
`
`Patent Owner and Petitioner each request an oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 28, 29. Upon consideration, the requests for oral
`hearing are granted. Oral argument shall commence at 1:30 PM Eastern
`Time on February 9, 2016, on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia.
`Each party will have 30 minutes of total time to present arguments.
`Petitioner bears the ultimate burden of proof that the patent claims at issue in
`this review are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which the Board
`instituted trial. Patent Owner will then respond to Petitioner’s arguments.
`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. 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.
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
`served on opposing counsel at least seven business days before the hearing,
`and filed with the Board no later than two business day before the hearing.
`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 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
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`IPR2015-00499
`Patent 5,930,444
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`cannot be resolved, the parties may file any objections to demonstratives
`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 in 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 Board expects lead counsel for each party to be present in person
`at the oral hearing. Any counsel of record, however, 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.
`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 five days in advance of the hearing date. The
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`IPR2015-00499
`Patent 5,930,444
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`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.
`
`
`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 1:30 PM Eastern Time on
`February 9, 2016.
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`IPR2015-00499
`Patent 5,930,444
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`PETITIONER:
`
`Eliot D. Williams
`G. Hopkins Guy
`BAKER BOTTS L.L.P.
`eliot.williams@bakerbotts.com
`hop.guy@bakerbotts.com
`
`
`
`PATENT OWNER:
`
`Kai Zhu
`DRAGON INTELLECTUAL PROPERTY, LLC
`kz@dragonipllc.com
`
`Timothy Devlin
`DEVLIN LAW FIRM LLC
`tdevlin@devlinlawfirm.com
`
`
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`5