`571.272.7822
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`Paper 23
`Entered: January 29, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`LG DISPLAY CO., LTD.,
`Petitioner,
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`v.
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`DELAWARE DISPLAY GROUP LLC,
`Patent Owner.
`____________
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`Case IPR2015-00506
`Patent 7,434,973 B2
`____________
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`WORMMEESTER, Administrative Patent Judge.
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`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
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`The Scheduling Order for this case sets the date for oral hearing as
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`March 1, 2016, if a hearing is requested by the parties and granted by the
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`Board. Both parties have requested oral hearing pursuant to 37 C.F.R.
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`§ 42.70. The parties’ requests for oral hearing are granted.
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`Petitioner will have 30 minutes to present argument in this case.
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`Patent Owner will have 30 minutes to respond. Petitioner bears the ultimate
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`Case IPR2015-00506
`Patent 7,434,973 B2
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`burden of proof that Patent Owner’s claims at issue in this review is
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`unpatentable. Therefore, Petitioner will open the hearing by presenting its
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`case regarding the challenged claims for which the Board instituted trial.
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`After Petitioner’s presentation, Patent Owner will respond to Petitioner’s
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`argument. Petitioner may reserve rebuttal time to respond to arguments
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`presented by Patent Owner.
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`The hearing will commence at 10 A.M. on March 1, 2016, on the
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`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
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`Virginia. The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing. The
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`hearing will be open to the public for in-person attendance that will be
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`accommodated on a first-come, first-served basis.
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`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
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`proponent of deposition testimony must file such testimony as an exhibit.
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`The Board will not consider any deposition testimony that has not been so
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`filed.
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`Furthermore, demonstrative exhibits must be served at least seven
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`business days before the hearing date. The parties also shall provide a
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`courtesy copy of any demonstrative exhibits to the Board at least five
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`business days prior to the hearing by emailing them to Trials@uspto.gov.
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`The parties shall not file any demonstrative exhibits in this proceeding
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`without prior authorization from the Board.
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`The parties must file any objections to the demonstratives with the
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`Board at least two business days before the hearing. Any objection to
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`demonstrative exhibits that is not timely presented will be considered
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`waived. The objections should identify with particularity which
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`Case IPR2015-00506
`Patent 7,434,973 B2
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`demonstratives are subject to objection, and include a short (one sentence or
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`less) statement of the reason for each objection. No argument or further
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`explanation is permitted. The Board will consider the objections and
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`schedule a conference if deemed necessary. Otherwise, the Board will
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`reserve ruling on the objections until after the oral argument. The parties are
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`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
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`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
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`2014) (Paper 65), for guidance regarding the appropriate content of
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`demonstrative exhibits.
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`The parties are reminded that each presenter must identify clearly and
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`specifically each demonstrative exhibit (e.g., by slide or screen number)
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`referenced during the hearing to ensure the clarity and accuracy of the
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`reporter’s transcript. The parties also should note that one panel member
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`will be attending the hearing electronically from the USPTO Detroit
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`Regional Office. The remote judge will only have access to the courtesy
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`copy of the demonstratives referred to above.
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`The Board expects lead counsel for each party to be present in person
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`at the oral hearing. Any counsel of record, however, may present the party’s
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`argument. The parties may divide argument among counsel as they wish.
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`Should there be any disagreement among the parties on the division of
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`argument, the parties shall meet and confer in advance of the hearing to try
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`to resolve the dispute, and, if necessary, contact the Board for assistance.
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`If any party expects that its lead counsel will not be attending the oral
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`argument, the parties should initiate a joint telephone conference with the
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`Board no later than two business days prior to the oral hearing to discuss the
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`matter.
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`Case IPR2015-00506
`Patent 7,434,973 B2
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`Any special requests for audio visual equipment should be directed to
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`Trials@uspto.gov. Requests for special equipment will not be honored
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`unless presented in a separate communication not less than five days before
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`the hearing directed to the above e-mail address.
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`PETITIONER:
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`Robert Pluta
`rpluta@mayerbrown.com
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`Amanda Streff
`astreff@mayerbrown.com
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`Baldine Paul
`bpaul@mayerbrown.com
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`Anita Lam
`alam@mayerbrown.com
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`PATENT OWNER:
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`Justin Kimble
`jkimble@bcpc-law.com
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