Trials@uspto.gov
`571.272.7822
`
`Paper No. 60
`
` Entered: April 18, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC. and SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`SUMMIT 6 LLC,
`Patent Owner.
`____________
`
`Case IPR2015-008061
`Patent 7,765,482 B2
`____________
`
`
`Before HOWARD B. BLANKENSHIP, GEORGIANNA W. BRADEN, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`1 Samsung Electronics Co., Ltd., who filed a Petition in IPR2016-00029,
`has been joined as a petitioner in the instant proceeding.
`
`
`571.272.7822
`
`Paper No. 60
`
` Entered: April 18, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC. and SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`SUMMIT 6 LLC,
`Patent Owner.
`____________
`
`Case IPR2015-008061
`Patent 7,765,482 B2
`____________
`
`
`Before HOWARD B. BLANKENSHIP, GEORGIANNA W. BRADEN, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`BEGLEY, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`1 Samsung Electronics Co., Ltd., who filed a Petition in IPR2016-00029,
`has been joined as a petitioner in the instant proceeding.
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`This order addresses the oral hearing in this proceeding as well as
`IPR2015-00807. In IPR2015-00806, Petitioner Google Inc. (“Google”) and
`Samsung Electronics Co., Ltd. (collectively, “Petitioners”) filed a request for
`an oral hearing. IPR2015-00806, Paper 50. In IPR2015-00807, Petitioner
`Google also requested oral hearing. IPR2015-00807, Paper 43. Patent
`Owner Summit 6 LLC (“Patent Owner”) requested a consolidated hearing
`for IPR2015-00806 and IPR205-00807. IPR2015-00806, Paper 53;
`IPR2015-00807, Paper 48. Patent Owner further represented that counsel
`for Patent Owner and Petitioners in both proceedings agreed that the
`hearings for IPR2015-00806 and IPR2015-00807 “could be concluded in
`one half-day session.” IPR2015-00806, Paper 53; IPR2015-00807,
`Paper 48. The parties’ requests for oral hearing are granted. In light of the
`overlap in parties and issues between these related proceedings, which
`involve the same instituted grounds and related patents, the Board will hold
`a consolidated hearing for IPR2015-00806 and IPR2015-00807.
`The hearing will commence at 1:00PM EST, on May 18, 2016, on the
`ninth Floor of the Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. Petitioners will have sixty minutes of total argument time to
`present arguments for IPR2015-00806 and IPR2015-00807. Patent Owner
`will also have sixty minutes of total argument time for the two proceedings.
`The parties may use their allotted argument time as they choose, provided
`that the order of arguments will be as follows.
`Petitioners will first present arguments regarding the challenged
`claims and grounds on which the Board instituted trial. Patent Owner will
`respond to Petitioners’ arguments. To the extent that Petitioners reserve
`
`
`
`2
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`rebuttal time, Petitioners then may make use of that time to respond to
`Patent Owner’s arguments.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public for in-person attendance, which will be
`accommodated on a first-come, first-served basis. If the parties have
`concerns about disclosing confidential information, subject to an order
`limiting its disclosure, during the hearing, they should notify the panel by
`e-mail to Trials@uspto.gov at least three business days in advance of the
`hearing in order to discuss the matter. The parties are encouraged to employ
`other means to refer to confidential information at the hearing, for example,
`by citing to a paper or exhibit containing the information or referring to the
`information in general terms, rather than expressly reciting the confidential
`information. Furthermore, the parties should not include confidential
`information in any demonstratives. The parties are reminded that there is a
`public interest in maintaining a complete and understandable record for
`public notice purposes and, thus, there is an expectation that information
`referenced in an inter partes review proceeding is to be available to the
`public. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,761
`(Aug. 14, 2012).
`Under 37 C.F.R. § 42.70(b), the parties shall serve demonstrative
`exhibits upon each other at least five business days before the hearing. The
`parties also shall provide a courtesy copy of the demonstrative exhibits to
`the Board at least three business days before the hearing by e-mailing them
`to Trials@uspto.gov. The parties shall provide a hard copy of their
`demonstratives to the court reporter at the hearing. The parties shall not file
`
`
`
`3
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`any demonstrative exhibits in these proceedings without prior authorization
`from the Board. See 37 C.F.R. § 42.5(b). The demonstrative exhibits in
`these proceedings are not evidence and are intended only to assist the parties
`in presenting their oral argument to the Board.
`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), and CBS Interactive Inc. v. Helferich
`Patent Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013)
`(Paper 118), regarding the appropriate content of demonstrative exhibits.
`The parties shall confer regarding any objections to demonstrative
`exhibits in each proceeding and must file any objections to the
`demonstrative exhibits with the Board at least three business days before the
`hearing. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived. The objections should identify with
`particularity which demonstrative exhibits 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 until after the oral
`hearing.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`
`
`4
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`equipment are to be made by e-mail to Trials@uspto.gov at least five
`business days in advance of the hearing date. If the request is not received
`timely, the equipment may not be available on the day of the hearing.
`The parties are reminded that the 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
`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
`demonstratives should be made fully available and visible to the judge
`presiding over the hearing remotely. 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. Furthermore, because of limitations on the audio transmission
`systems in the hearing rooms, the presenter may speak only when standing at
`the hearing room podium.
`The Board expects lead counsel for each party to be present in person
`at the hearing. Backup counsel, however, may present a party’s argument,
`in whole or in part. If any party anticipates that its lead counsel will not be
`attending the hearing, that party should initiate a joint telephone conference
`with the other party and the Board no later than three business days prior to
`the hearing to discuss the matter.
`
`
`
`5
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`ORDER
`
`Accordingly, it is:
`ORDERED that a consolidated oral hearing for IPR2015-00806 and
`IPR2015-00807 shall commence at 1:00pm EST on May 18, 2016, on the
`ninth Floor of the Madison Building East, 600 Dulany Street, Alexandria,
`Virginia.
`
`
`
`6
`
`
`
`IPR2015-00806
`Patent 7,765,482 B2
`
`For PETITIONER:
`
`John Alemanni
`Michael Morlock
`KILPATRICK TOWNSEND & STOCKTON LLP
`JAlemanni@kilpatricktownsend.com
`MMorlock@kilpatricktownsend.com
`
`Brian K. Erickson
`James M. Heintz
`DLA PIPER LLP(US)
`Samsung_Summit-IPR@dlapiper.com
`
`
`
`For PATENT OWNER:
`
`Peter J. Ayers
`John Shumaker
`Brian Mangum
`Robert Carlson
`LEE & HAYES, PLLC
`peter@leehayes.com
`jshumaker@leehayes.com
`brianm@leehayes.com
`bob@leehayes.com
`
`
`
`7
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