`571-272-7822
`
`Paper 28
`Entered: May 12, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC., APPLE INC.,
`SAMSUNG ELECTRONICS AMERICA, INC., and
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`AMERICAN NAVIGATION SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Cases IPR2015-00849 and IPR2015-00851
`Patent 5,902,347
`____________
`
`
`
`Before LYNNE E. PETTIGREW, STACEY G. WHITE, and
`BETH Z. SHAW, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Google Inc., Apple Inc., Samsung Electronics America, Inc., and
`Samsung Electronics Co., Ltd. (collectively, “Petitioner”), and American
`Navigation Systems, Inc. (“Patent Owner”) request an oral hearing in each
`
`
`
`IPR2015-00849, IPR2015-00851
`Patent 5,902,347
`
`of these proceedings pursuant to 37 C.F.R. § 42.70. Papers 26, 27.1 We
`grant the requests. A consolidated hearing for the two proceedings will
`commence at 2:00 PM Eastern Time on Wednesday, June 8, 2016, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, VA.
`Each party will have 45 minutes of argument time. 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. Patent Owner
`then will have the opportunity to respond to Petitioner’s arguments. Finally,
`Petitioner may use any time it has reserved for rebuttal to respond to
`arguments presented by Patent Owner. Patent Owner may not reserve
`rebuttal time.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. 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 at least seven 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. 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
`
`
`1 Paper numbers are identical in the two proceedings.
`
`2
`
`
`
`IPR2015-00849, IPR2015-00851
`Patent 5,902,347
`
`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.
`Any demonstrative exhibits must be filed with the Board no later than
`two business days before the hearing. A hard copy of the demonstratives
`should be provided to the court reporter at the hearing.
`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
`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
`
`3
`
`
`
`IPR2015-00849, IPR2015-00851
`Patent 5,902,347
`
`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
`
`
`
`FOR PETITIONER:
`Michael Hawkins
`Patrick Bisenius
`Kim Leung
`FISH & RICHARDSON P.C.
`hawkins@fr.com
`IPR00037-0002IP1@fr.com
`
`FOR PATENT OWNER:
`Anton Hopen
`Andriy Lytvyn
`Nicholas Pfeifer
`SMITH & HOPEN, P.A.
`anton.hopen@smithhopen.com
`andriy.lytvyn@smithhopen.com
`nicholas.pfeifer@smithhopen.com
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