`571-272-7822
`
`Paper 34
`Entered: May 12, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LENOVO (UNITED STATES) INC., LENOVO HOLDING COMPANY,
`INC., LENOVO GROUP LTD., GOOGLE, INC.,
`and BARNES & NOBLE INC.,
`Petitioner,
`
`v.
`
`PERSONAL AUDIO LLC,
`Patent Owner.
`____________
`
`Case IPR2015-00845, Patent 6,199,076 B1;
`Case IPR2015-00846, Patent 7,509,178 B2
`____________
`
`
`
`Before MITCHELL G. WEATHERLY, DAVID C. MCKONE, and
`BRIAN P. MURPHY, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-00845, Patent 6,199,076 B1;
`IPR2015-00846, Patent 7,509,178 B2
`
`The Scheduling Order set June 16, 2016, as the date for oral
`argument, if requested by the parties and granted by the Board. IPR2015-
`00845, Paper 21; IPR2015-00846, Paper 19. Both Petitioner and Patent
`Owner have requested oral argument. IPR2015-00845, Papers 35, 36;
`IPR2015-00846, Papers 32, 33. Patent Owner requests one hour per side to
`argue both proceedings. IPR2015-00845, Paper 35, 2; IPR2015-00846,
`Paper 32, 2. Petitioner does not request a specific allocation of time.
`IPR2015-00845, Paper 36, 2; IPR2015-00846, Paper 33, 2.
`The parties’ requests for oral argument are granted. A consolidated
`oral argument will commence at 9:00 am Eastern Time on June 16, 2016, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. Each party is allotted one hour total to present both cases. Any
`representation made by counsel at the consolidated hearing is applicable to
`and useable in all proceedings that have underlying basis for the
`representation. Petitioner will open the hearing by presenting its arguments
`regarding the challenged claims for which the Board instituted trial.
`Petitioner may reserve time for rebuttal arguments. Patent Owner will then
`respond to Petitioner’s arguments. Petitioner may then present rebuttal
`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 via in-person attendance on a first-come,
`first-served basis.
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to work
`
`2
`
`
`
`IPR2015-00845, Patent 6,199,076 B1;
`IPR2015-00846, Patent 7,509,178 B2
`
`out any objections to demonstratives prior to involving the Board. At least
`two (2) business days prior to the hearing, the parties shall file the
`demonstrative exhibits with the Board. See id. 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 parties must initiate a conference call with the Board at least
`two (2) business days before the hearing to present any objection regarding
`the propriety of any demonstrative exhibit. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. The Board
`asks the parties to confine demonstrative exhibit objections to those
`identifying egregious violations that are prejudicial to the administration of
`justice.
`The parties are reminded that each 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
`reporter’s 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 if a demonstrative is not filed or otherwise made fully
`available or visible to the judge presiding over the hearing, that
`demonstrative will not be considered. 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.
`The Board expects lead counsel for each party to be present in person
`at the hearing. If a party anticipates that its lead counsel will not be
`
`3
`
`
`
`IPR2015-00845, Patent 6,199,076 B1;
`IPR2015-00846, Patent 7,509,178 B2
`
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two (2) business days prior to the
`oral hearing to discuss the matter. Any counsel of record, however, may
`present the party’s argument.
`The parties are reminded to direct their requests for audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`email address not less than five (5) days before the hearing. If the request is
`not received timely, the equipment may not be available on the day of the
`hearing.
`
`
`I.
`
`ORDER
`
`It is
`ORDERED that oral argument for these proceedings shall take place
`beginning at 9:00 pm Eastern Time on June 16, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria.
`
`4
`
`
`
`
`
`IPR2015-00845, Patent 6,199,076 B1;
`IPR2015-00846, Patent 7,509,178 B2
`
`PETITIONER:
`Daniel De Vos
`Matthew Nicholson
`Nicholson De Vos Webster & Elliott LLP
`dan@nicholsondevos.com
`matt@nicholsondevos.com
`
`PATENT OWNER:
`Minghui Yang
`Gregory Donahue
`DiNovo Price Ellwanger & Hardy LLP
`myang@dpelaw.com
`gdonahue@dpelaw.com
`
`
`5