Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`Paper 25
`
`
`Date: October 6, 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
`____________
`
`IPR2015-01645 (Patent 7,397,363)
`IPR2015-01508 (Patent 6,542,076)
`IPR2015-01585 (Patent 5,917,405)1
`____________
`
`
`Before STACEY G. WHITE, JASON J. CHUNG, and
`BETH Z. SHAW, Administrative Patent Judges.
`
`SHAW, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 This order addresses a similar issue in the three cases. Therefore, we
`exercise discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style of heading in subsequent
`papers.
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`Paper 25
`
`
`Date: October 6, 2016
`
`
`
`
`
`
`
`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
`____________
`
`IPR2015-01645 (Patent 7,397,363)
`IPR2015-01508 (Patent 6,542,076)
`IPR2015-01585 (Patent 5,917,405)1
`____________
`
`
`Before STACEY G. WHITE, JASON J. CHUNG, and
`BETH Z. SHAW, Administrative Patent Judges.
`
`SHAW, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 This order addresses a similar issue in the three cases. Therefore, we
`exercise discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style of heading in subsequent
`papers.
`
`
`
`IPR2015-01645 (Patent 7,397,363)
`IPR2015-01508 (Patent 6,542,076)
`IPR2015-01585 (Patent 5,917,405)
`Nissan North America, Inc. (“Petitioner”) requests an oral hearing in
`this proceeding pursuant to 37 C.F.R. § 42.70. Paper 24.2 We grant the
`request. A hearing will commence at 1:00 PM Eastern Time on
`Thursday, October 20, 2016, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, VA.
`Oral hearing for this proceeding will be consolidated with the oral
`hearing for related proceedings. Specifically, the consolidated oral hearing
`shall include argument related to the following proceedings: IPR2015-
`01508, IPR2015-01585, and IPR2015-01645. Each party will have 90
`minutes of argument time. Each party may determine which of its respective
`counsel will present its arguments.
`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. Petitioner then may use any time it has reserved for
`rebuttal to respond to arguments presented by Patent Owner.
`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), the parties must serve demonstrative
`exhibits, if any, on opposing counsel at least seven (7) business days before
`the hearing. The parties are directed to St. Jude Medical, Cardiology
`
`
`2 References are to paper numbers in IPR2015-01645.
`
`2
`
`
`
`IPR2015-01645 (Patent 7,397,363)
`IPR2015-01508 (Patent 6,542,076)
`IPR2015-01585 (Patent 5,917,405)
`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 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 the demonstratives with the Board at least three (3) business days before
`the hearing. The objections shall identify with particularity which portions
`of the demonstratives are subject to objection, and include a short (no more
`than one sentence) 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.
`The parties must file any demonstrative exhibits with the Board no
`later than three (3) business days before the hearing. The parties shall
`provide a hard copy of the demonstratives to the court reporter at the
`hearing.
`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 (5) business days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
`
`3
`
`
`
`IPR2015-01645 (Patent 7,397,363)
`IPR2015-01508 (Patent 6,542,076)
`IPR2015-01585 (Patent 5,917,405)
`not timely received, the equipment may not be available on the day of the
`hearing.
`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 presiding over the hearing remotely, that demonstrative will not be
`considered. If the parties have questions as to whether demonstrative
`exhibits would be sufficiently visible and available to all of the judges, the
`parties are invited to contact the Board at (571) 272-9797.
`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
`oral hearing, at least one back-up counsel who is registered to practice
`before the USPTO must be in attendance. Furthermore, such party shall
`notify the Board that lead counsel will not be in attendance, and identify the
`back-up counsel who is a registered practitioner and will be in attendance.
`
`
`
`
`
`4
`
`
`
`IPR2015-01645 (Patent 7,397,363)
`IPR2015-01508 (Patent 6,542,076)
`IPR2015-01585 (Patent 5,917,405)
`PETITIONER:
`
`D. Clay Holloway
`Alton Absher III
`Shayne E. O’Reilly
`Mitchell G. Stockwell
`KILPATRICK TOWNSEND & STOCKTON LLP
`cholloway@kilpatricktownsend.com
`aabsher@kilpatricktownsend.com
`soreilly@kilpatricktownsend.com
`mstockwell@kilpatricktownsend.com
`
`PATENT OWNER:
`
`Raymond Joao
`rayjoao@optonline.net
`
`Rene Vazquez
`HENINGER GARRISON DAVIS, LLC
`rvazquez@sinergialaw.com
`
`5
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