`571.272.7822
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`Paper 27
`Entered: August 19, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NISSAN NORTH AMERICA, INC.,
`Petitioner,
`
`v.
`
`JOAO CONTROL & MONITORING SYSTEMS, LLC,
`Patent Owner.
`
`
`
`Case IPR2015-01509
`Patent 6,549,130 B1
`
`
`
`Before HOWARD B. BLANKENSHIP and STACEY G. WHITE,
`Administrative Patent Judges.
`
`BLANKENSHIP, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2015-01509
`Patent 6,549,130 B1
`
`
`We instituted inter partes review in this case on January 6, 2016. A
`Scheduling Order was entered the same day, which set the date for oral
`hearing, if requested, as September 9, 2016.
`Both Petitioner and Patent Owner have requested oral hearing
`pursuant to 37 C.F.R. § 42.70. Papers 25, 26. The parties’ requests for oral
`hearing are granted. Each party will have 30 minutes total time to present
`arguments.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in this review are unpatentable. Petitioner will open the
`hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial. Patent Owner will then respond to Petitioner’s
`argument. Petitioner may reserve time to respond to arguments presented by
`Patent Owner.
`The hearing will commence at 2:00 p.m. Eastern time, on September
`9, 2016, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. 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 that
`will be accommodated on a first-come, first-served basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing. The parties shall also file their
`demonstrative exhibits with the Board by sending them via e-mail
`to trials@uspto.gov at least two business days before the hearing. The
`parties shall not file the demonstrative exhibits using the PTABE2E System.
`When considering whether demonstrative exhibits are objectionable,
`the parties are reminded that the panel does not consider demonstrative
`
`2
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`
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`IPR2015-01509
`Patent 6,549,130 B1
`
`exhibits to be evidence or an appropriate vehicle for making arguments that
`do not appear in the parties’ substantive papers. See St. Jude Med.,
`Cardiology Div., Inc. v. The Bd. of Regents of the Univ. of Mich., Case
`IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65). The panel will disregard
`any newly raised argument appearing in the demonstrative exhibits when
`rendering the final written decision. The parties must initiate a conference
`call with the Board at least two business days before the hearing to present
`objections, if any, regarding the propriety of any demonstrative exhibit. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived.
`Requests for audio-visual equipment are to be made no later than five
`days in advance of the hearing date. The request is to be sent to
`Trials@uspto.gov. If the request is not received timely, the equipment may
`not be available on the day of the hearing.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, either lead or backup counsel may present the
`party’s argument. If any party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`
`3
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`
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`IPR2015-01509
`Patent 6,549,130 B1
`
`For Petitioner:
`D. Clay Holloway
`Alton Absher III
`Shayne E. O’ Reilly
`Mitchell G. Stockwell
`KILPATRICK TOWNSEND & STOCKSTON LLP
`cholloway@kilpatricktownsend.com
`aabsher@kilpatricktownsend.com
`soreilly@kilpatricktownsend.com
`mstockwell@kilpatricktownsend.com
`
`Michael J. Lennon
`Clifford A. Ulrich
`KENYON & KENYON LLP
`mlennon@kenyon.com
`culrich@kenyon.com
`
`For Patent Owner:
`
`Raymond Joao
`rayjoao@optonline.net
`
`René A. Vazquez
`SINERGIA TECHNOLOGY LAW GROUP,
`PLLC rvazquez@sinergialaw.com
`
`Steven W. Ritcheson
`INSIGHT
`swritcheson@insightplc.com
`
`
`
`
`
`4