Trials@uspto.gov Paper 76
`571-272-7822 Entered: March 30, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CAPTIONCALL, L.L.C.,
`Petitioner,
`
`
`v.
`
`
`ULTRATEC, INC.,
`Patent Owner.
`____________
`
`Cases1
`IPR2015-00636 (Patent 8,917,822)
`IPR2015-00637 (Patent 8,908,838)
`____________
`
`
`Before WILLIAM V. SAINDON, BARBARA A. BENOIT, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`BENOIT, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses issues that are the same in both cases. We exercise
`our discretion to issue one order to be filed in each case.
`
`
`571-272-7822 Entered: March 30, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CAPTIONCALL, L.L.C.,
`Petitioner,
`
`
`v.
`
`
`ULTRATEC, INC.,
`Patent Owner.
`____________
`
`Cases1
`IPR2015-00636 (Patent 8,917,822)
`IPR2015-00637 (Patent 8,908,838)
`____________
`
`
`Before WILLIAM V. SAINDON, BARBARA A. BENOIT, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`BENOIT, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses issues that are the same in both cases. We exercise
`our discretion to issue one order to be filed in each case.
`
`
`
`IPR2015-00636 (Patent 8,917,822)
`IPR2015-00637 (Patent 8,908,838)
`
`
`
`
`
`CaptionCall, L.L.C. (“Petitioner”) and Ultratec, Inc. (“Patent Owner”)
`each requested oral hearing in this proceeding pursuant to 37 C.F.R. § 42.70.
`See Papers 61, 59.2 The requests are granted. The hearing for IPR2015-
`00636 and IPR2015-00637 will commence at 9:00 AM Eastern Time on
`Wednesday, April 6, 2016, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, VA.
`Each party will have ninety (90) minutes of total time to present
`arguments regarding both IPR2015-00636 and IPR2015-00637. 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 63).
`Thereafter, Patent Owner will respond to Petitioner’s arguments and present
`its own arguments regarding Patent Owner’s Contingent Motion to Amend
`(Paper 16) and Patent Owner’s Motion to Dismiss (Paper 45). 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 Contingent Motion to Amend and Patent
`Owner’s Motion to Dismiss.
`The Board will provide a court reporter. The transcript shall
`constitute the official record of the hearing and be filed in both IPR2015-
`00636 and IPR2015-00637. Although Motions to Seal are pending, neither
`party has requested that the oral hearing be closed to the public or otherwise
`
`2 All citations are to IPR2015-00636 unless otherwise indicated.
`2
`
`
`
`IPR2015-00636 (Patent 8,917,822)
`IPR2015-00637 (Patent 8,908,838)
`
`
`
`
`
`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 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 and filed with the Board no later than
`3:00 PM on Monday, April 4, 2016. 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 no later than 3:00 PM on Tuesday, April 5, 2016. 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. The parties
`are reminded that, during the hearing, the presenter must identify clearly
`
`3
`
`
`
`IPR2015-00636 (Patent 8,917,822)
`IPR2015-00637 (Patent 8,908,838)
`
`
`
`
`
`each demonstrative exhibit (e.g., by referencing a specific slide or screen
`number) to ensure clarity and accuracy of the reporter’s transcript.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made no later than 3:00 PM on Friday, April 1. 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.
`
`
`4
`
`
`
`
`
`IPR2015-00636 (Patent 8,917,822)
`IPR2015-00637 (Patent 8,908,838)
`
`
`
`
`FOR PETITIONER:
`
`Todd E. Landis
`Eric J. Klein
`Ruben Munoz
`Akin Gump Strauss Hauer & Feld LLP
`tlandis@akingump.com
`eklein@akingump.com
`rmunoz@akingump.com
`
`FOR PATENT OWNER:
`
`Michael Jaskolski
`Michael J. Curley
`Martha Jahn Snyder
`Nikia L. Gray
`Stephen J. Gardner
`Quarles & Brady, LLP
`michael.jaskolski@quarles.com
`michael.curley@quarles.com
`martha.snyder@quarles.com
`nikia.gray@quarles.com
`stephen.gardner@quarles.com
`
`5
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