`571.272.7822
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`
`
`
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` Paper No. 15
`
` Entered: April 27, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FCA US LLC,
`Petitioner,
`
`v.
`
`SIGNAL IP, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01118
`Patent 5,463,374
`____________
`
`
`
`Before JUSTIN T. ARBES, BRIAN P. MURPHY, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
` Petitioner and Patent Owner each request an oral hearing pursuant to
`37 C.F.R. § 42.70(a). See Papers 13, 14. The requests are granted.
`Each party will have 45 minutes to present its arguments. Petitioner
`bears the ultimate burden of proof that the challenged claims are
`
`
`
`
`
`IPR2015-01118
`Patent 5,463,374
`
`
`unpatentable. See 35 U.S.C. § 316(e). Therefore, at the hearing, Petitioner
`will proceed first to present its case as to the challenged claims, and may
`reserve rebuttal time. Patent Owner then will respond to Petitioner’s case.
`After that, Petitioner may use the rest of its time to respond to Patent
`Owner’s presentation.
`The hearing will take place at 10:00 AM on Wednesday, June 1,
`2016. The hearing will be open to the public for in-person attendance on
`the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. In-person attendance will be accommodated on a
`first-come, first-served basis. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing. If the parties have any concern about disclosing confidential
`information, they are to contact the Board at least ten days before the
`hearing to discuss the matter.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days prior to the hearing. The parties shall meet and
`confer regarding any objections to demonstrative exhibits, and the parties
`shall file demonstrative exhibits with the Board at least three business days
`prior to the hearing. If any issues regarding demonstratives remain
`unresolved after the parties meet and confer, the parties shall file jointly a
`one-page list of objections at least three business days prior to the hearing.
`The list should identify with particularity which demonstrative exhibits are
`subject to objection and include a short statement (no more than one
`sentence) of the reason for each objection. No argument or further
`explanation is permitted. We will consider the objections and schedule a
`conference call if necessary. Otherwise, we will reserve ruling on the
`objections until the hearing or after the hearing. Any objection to
`
`2
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`IPR2015-01118
`Patent 5,463,374
`
`
`demonstrative exhibits that is not presented timely will be considered
`waived. Each party also shall provide a hard copy of its demonstrative
`exhibits to the court reporter at the hearing.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, Case IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013)
`(Paper 118), regarding the appropriate content of demonstrative exhibits.
`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
`reporter’s transcript.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearing, though any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for any party will not be in
`attendance at the hearing, the Board should be notified via a joint conference
`call no later than three days prior to the hearing to discuss the matter.
`Requests for audio-visual equipment at the hearing are to be made
`five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the day of the hearing.
`
`3
`
`
`
`IPR2015-01118
`Patent 5,463,374
`
`PETITIONER:
`Frank C. Cimino, Jr.
`Megan S. Woodworth
`VENABLE LLP
`fccimino@Venable.com
`mswoodworth@Venable.com
`
`PATENT OWNER:
`
`Tarek N. Fahmi
`Holly J. Atkinson
`ASCENDA LAW GROUP, PC
`tarek.fahmi@ascendalaw.com
`holly.atkinson@aacendalaw.com
`
`
`
`4
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