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Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 39
`Entered: October 14, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TCL CORPORATION; TCL COMMUNICATION TECHNOLOGY
`HOLDINGS LTD.; TCT MOBILE LIMITED; TCT MOBILE INC.; AND
`TCT MOBILE (US), INC.,
`Petitioners,
`
`v.
`
`TELEFONAKTIEBOLAGET LM ERICSSON,
`Patent Owner.
`_______________
`
`Cases1
`IPR2015-01605 (Patent 7,149,510 B2)
`IPR2015-01622 (Patent 7,149,510 B2)
`IPR2015-01628 (Patent 7,149,510 B2)
`
`_______________
`
`
`
`Before BENJAMIN D. M. WOOD, PATRICK R. SCANLON, and
`BARBARA A. BENOIT, Administrative Patent Judges.
`
`WOOD, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`1 This order addresses an issue applicable to each of these cases. We
`exercise our discretion to issue one order to be entered in each case.
`
`

`
`IPR2015-01605 (Patent 7,149,510 B2)
`IPR2015-01622 (Patent 7,149,510 B2)
`IPR2015-01628 (Patent 7,149,510 B2)
`
`
`The date set for oral argument in the three captioned proceedings is
`October 26, 2016, if oral argument is requested by either party and granted
`by the Board. Paper 11.2 Both parties have requested oral argument
`pursuant to 37 C.F.R. § 42.70 in each case, and also requested that the oral
`arguments for the three cases be combined into a single session. Paper 34,
`2; Paper 37, 2. The requests are granted.
`A single oral argument will be held for all three cases and will
`commence at 1:30 PM ET on October 26, 2016. The oral argument will be
`conducted on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia 22314. The oral argument will be open to the public
`for in-person attendance, which will be accommodated on a first-come, first-
`served basis. The Board will provide a court reporter for the oral argument,
`and the reporter’s transcript will constitute the official record of the oral
`argument. Each party will have a total of 40 minutes to present arguments.
`Because Petitioner bears the ultimate burden of persuasion that the claims at
`issue are unpatentable, Petitioner will begin the oral argument by presenting
`its case regarding the claims at issue in all three cases. Thereafter, Patent
`Owner will argue its opposition to Petitioner’s case. Petitioner may reserve
`time to rebut Patent Owner’s opposition.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the oral argument. The parties shall file the
`demonstrative exhibits at least two business days before the oral argument.
`We expect that the parties will meet and confer in good faith to resolve all
`objections to demonstrative exhibits, but if such objections cannot be
`
`2 We refer to the papers filed in IPR2015-01605.
`
` 2
`
`
`
`
`
`

`
`IPR2015-01605 (Patent 7,149,510 B2)
`IPR2015-01622 (Patent 7,149,510 B2)
`IPR2015-01628 (Patent 7,149,510 B2)
`
`resolved, the parties may file objections to demonstrative exhibits with the
`Board at least two business days before the oral argument. Any objection
`that is not timely presented will be considered waived. The objections
`should identify with particularity which demonstrative exhibits 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 until
`after the oral argument. The parties may refer to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23, 2013)
`(Paper 118), and St. Jude Medical, Cardiology Div., Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`The Board expects lead counsel for each party to be present at the oral
`argument, although backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at the oral
`argument, the Board should be notified via a joint telephone conference call
`no later than two days prior to the oral argument to discuss the matter.
`Any requests for audio-visual equipment must be emailed
`to Trials@uspto.gov at least two days before the oral argument. 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 oral argument to ensure the clarity and accuracy of the reporter’s
`transcript.
`
` 3
`
`
`
`
`
`

`
`IPR2015-01605 (Patent 7,149,510 B2)
`IPR2015-01622 (Patent 7,149,510 B2)
`IPR2015-01628 (Patent 7,149,510 B2)
`
`
`
`
`PETITIONER:
`
`Stephen S. Korniczky
`Martin R. Bader
`Daniel Yannuzzi
`David Heisey
`Daniel Taskalos
`Nam H. Kim
`Hector A. Agdeppa
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`skorniczky@sheppardmullin.com
`mbader@sheppardmullin.com
`dheisey@sheppardmullin.com
`dtaskalos@sheppardmullin.com
`nkim@sheppardmullin.com
`hagdeppa@sheppardmullin.com
`LegalTm-TCL-IPRs@sheppardmullin.com
`
`John Zele
`Bradford Cangro
`Jeremy Peterson
`Robert Gaybrick
`Leeger Yu
`MORGAN, LEWIS & BOCKIUS LLP
`john.zele@morganlewis.com
`bradford.cangro@morganlewis.com
`jeremy.peterson@morganlewis.com
`robert.gaybrick@morganlewis.com
`leeger.yu@morganlewis.com
`
`PATENT OWNER:
`
`W. Todd Baker
`Alex Englehart
`Lisa Mandrusiak
`Alex Kuo
`
` 4
`
`
`
`
`
`

`
`IPR2015-01605 (Patent 7,149,510 B2)
`IPR2015-01622 (Patent 7,149,510 B2)
`IPR2015-01628 (Patent 7,149,510 B2)
`
`OBLON, MCCLELLAND, MAIER & NEUSTADT, LLP
`CPDocketBaker@Oblon.com
`CPDocketEnglehart@oblon.com
`CPDocketMandrusiak@oblon.com
`CPDocketKuo@oblon.com
`
` 5

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