`571-272-7822
`
`
`Paper No. 20
`
` Entered: September 15, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD,
`Petitioner,
`
`v.
`
`ELBRUS INTERNATIONAL LIMITED,
`Patent Owner.
`____________
`
`Case IPR2015-01524
`Patent 6,366,130
`____________
`
`
`
`
`
`Before JUSTIN T. ARBES, JEFFREY W. ABRAHAM, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`ABRAHAM, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2015-01524
`Patent 6,366,130
`
`
`Patent Owner requests an oral hearing pursuant to 37 C.F.R. § 42.70.
`Paper 19. Petitioner has indicated that it does not seek oral argument, but
`also indicated that if Patent Owner requests an oral hearing, and the Board
`grants that request, then Petitioner requests participation in the oral hearing.
`Paper 18.
`Patent Owner’s request for an oral hearing is granted. Each party will
`have 40 minutes to present its arguments. Petitioner bears the ultimate
`burden of proof that the patent claims at issue in this review are
`unpatentable. Therefore, Petitioner will proceed first to present its case with
`regard to the challenged claims on which basis we instituted trial.
`Thereafter, Patent Owner will respond to Petitioner’s arguments. Petitioner
`may reserve rebuttal time to respond to arguments presented by Patent
`Owner.
`The hearing shall commence at 1:00 pm EDT on October 18, 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, VA. The
`Board will provide a court reporter, and the transcript shall constitute the
`official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served seven business days before the hearing. Notwithstanding what is
`expressly stated in § 42.70, however, the parties shall file the demonstrative
`exhibits no later than three business days before the hearing to allow the
`panel sufficient time to review the materials.
`The Board reminds the parties that demonstrative exhibits are not
`evidence, but are intended to assist the parties in presenting their oral
`arguments to the Board. The Board also reminds the parties that
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`IPR2015-01524
`Patent 6,366,130
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`demonstrative exhibits are not a mechanism for making arguments not
`previously addressed in the papers. 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 Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved, the parties may file any remaining objections with the
`Board at least three business days before the oral hearing. The objections
`should identify with particularity the portions of the demonstrative exhibits
`that are subject to objection and include a one-sentence statement of the
`basis for each objection. No argument or further explanation is permitted.
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections until the hearing. Any objection to demonstrative exhibits that is
`not timely presented will be considered waived. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either 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.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at 571-272-9797. Requests for audio-visual equipment
`are to be made no later than 5 days in advance of the hearing date. The
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`IPR2015-01524
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`request is to be sent directly to Trials@uspto.gov. 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
`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 attending the hearing remotely, that
`demonstrative may not be considered.
`
`
`
`PETITIONER:
`Naveen Modi
`Paul Hastings LLP
`naveenmodi@paulhastings.com
`
`PATENT OWNER:
`Clifford H. Kraft
`clifflaw@att.net
`
`Joseph N. Hosteny
`NIRO, HALLER & NIRO
`hosteny@hosteny.com
`
`
`
`
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