Trials@uspto.gov Paper 45
`571-272-7822 Entered: March 30, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARRIS GROUP, INC. and COX COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`C-CATION TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-006351
`Patent 5,563,883
`____________
`
`
`Before BARBARA A. BENOIT, LYNNE E. PETTIGREW, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 Cox Communications, Inc., who filed a Petition in IPR2015-01796, has
`been joined as a petitioner in this proceeding.
`
`
`571-272-7822 Entered: March 30, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARRIS GROUP, INC. and COX COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`C-CATION TECHNOLOGIES, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-006351
`Patent 5,563,883
`____________
`
`
`Before BARBARA A. BENOIT, LYNNE E. PETTIGREW, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 Cox Communications, Inc., who filed a Petition in IPR2015-01796, has
`been joined as a petitioner in this proceeding.
`
`
`
`IPR2015-00635
`Patent 5,563,883
`
`ARRIS Group, Inc. and Cox Communications, Inc. (collectively,
`“Petitioner”) and C-Cation Technologies, LLC (“Patent Owner”) each
`requested oral hearing in this proceeding pursuant to 37 C.F.R. § 42.70. See
`Papers 42, 44. The requests are granted. The hearing will commence at
`2:00 PM Eastern Time on Tuesday, April 26, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, VA.
`Each party will have sixty (60) minutes of total time to present
`arguments. Petitioner bears the ultimate burden of persuasion that the
`claims at issue are unpatentable. Therefore, Petitioner will open the hearing
`by presenting its case regarding the challenged claims for which the Board
`instituted trial, as well as any arguments regarding Petitioner’s Motion to
`Exclude (Paper 41). Thereafter, Patent Owner will respond to Petitioner’s
`arguments and present its own arguments regarding Patent Owner’s Motion
`to Exclude (Paper 43). Next, Petitioner may use any time it has reserved for
`rebuttal to respond to arguments presented by Patent Owner. Finally, Patent
`Owner may use any time it has reserved for rebuttal to respond only to
`Petitioner’s arguments concerning Patent Owner’s Motion to Exclude.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. Although a Motion to Seal has
`been granted in this proceeding and another Motion to Seal is pending,
`neither party has requested that the oral hearing be closed to the public or
`otherwise indicated a need to discuss any confidential information during the
`hearing. After reviewing the record, we conclude the parties are capable of
`presenting their arguments without discussing confidential information, and
`we exercise our discretion to make the oral hearing publicly accessible. The
`
`2
`
`
`
`IPR2015-00635
`Patent 5,563,883
`
`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, if any, must
`be served on opposing counsel at least five business days before the hearing
`and filed with the Board no later than three business days before the hearing.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, IPR2013-00041, Paper 65
`(PTAB Jan. 27, 2014), regarding the appropriate content of demonstrative
`exhibits. A hard copy of the demonstratives should be provided to the court
`reporter at the hearing.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved, the parties must file any objections to the demonstratives
`with the Board at least three business days before the hearing. The
`objections should identify with particularity which portions of the
`demonstratives are subject to objection, and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections. Any objection to the demonstrative
`exhibits that is not timely presented will be considered waived.
`At least one member of the panel will be attending 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 clarity and
`
`3
`
`
`
`IPR2015-00635
`Patent 5,563,883
`
`accuracy of the reporter’s transcript and to ensure that a remote judge can
`follow the argument, even if the video connection is disrupted.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made at least five days in advance of the hearing
`date. The request is to be sent to Trials@uspto.gov. If the request is not
`timely received, the equipment may not be available on the day of the
`hearing.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may make the actual presentation.
`If either party anticipates that its lead counsel will not be in attendance at the
`oral hearing, the parties should initiate a joint telephone conference with the
`Board no later than five business days prior to the oral hearing to discuss the
`matter.
`
`4
`
`
`
`IPR2015-00635
`Patent 5,563,883
`
`FOR PETITIONER ARRIS Group, Inc.:
`Andrew R. Sommer
`Jonathan E. Retsky
`WINSTON & STRAWN LLP
`asommer@winston.com
`jretsky@winston.com
`
`FOR PETITIONER Cox Communications, Inc.:
`Mitchell G. Stockwell
`Michael J. Turton
`KILPATRICK TOWNSEND & STOCKTON LLP
`mstockwell@kilpatricktownsend.com
`mturton@kilpatricktownsend.com
`
`FOR PATENT OWNER:
`Walter E. Hanley
`Sheila Mortazavi
`KENYON & KENYON LLP
`whanley@kenyon.com
`smortazavi@kenyon.com
`
`5
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