`571-272-7822
`
`
`
`Paper 19
`Entered: September 6, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ERICSSON INC. AND TELEFONAKTIEBOLAGET LM ERICSSON,
`Petitioner,
`
`v.
`INTELLECTUAL VENTURES II LLC,
`Patent
`
`
`
`Case IPR2015-01664
`Patent 7,787,431 B2
`
`
`
`Before JAMESON LEE, JUSTIN BUSCH, and J. JOHN LEE,
`Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Trial Hearing Notice
`37 C.F.R. § 42.70
`
`
`
`IPR2015-01664
`Patent 7,787,431 B2
`
`
`The Scheduling Order for this case set the date for oral argument on
`October 6, 2016, if oral argument is requested by the parties and granted by
`the Board. Paper 8. Petitioner and Patent Owner each requested oral
`argument pursuant to 37 C.F.R. § 42.70. Papers 17, 18. Upon
`consideration, the requests for oral argument are granted.
`Each party will have forty-five (45) minutes of total time to present
`arguments. Petitioner bears the ultimate burden of proof that Patent
`Owner’s claims are unpatentable. Therefore, at oral hearing, Petitioner will
`proceed first to present its case regarding the challenged claims and grounds
`for which the Board instituted trial. Petitioner may reserve some of its
`argument time for rebuttal.
`Thereafter, Patent Owner will respond to Petitioner’s presentation,
`having available to it the entirety of its allotted argument time. Finally,
`Petitioner may make use of the time it has reserved to rebut arguments
`presented by Patent Owner.
`The oral argument will commence at 1:30 PM Eastern Time on
`October 6, 2016, and 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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. They shall be filed at the Board no
`later than three business days prior to the hearing, and the parties must
`initiate a conference call with the Board no later than two business days
`prior to the hearing to resolve any dispute over the propriety of each party’s
`
`2
`
`
`
`IPR2015-01664
`Patent 7,787,431 B2
`
`demonstrative exhibits. Any dispute over the propriety of demonstrative
`exhibits that is not timely presented will be considered waived.
`
`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 5 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.
`At least one member of the panel will be attending the oral argument
`remotely via electronic audio/visual communication equipment. The Board
`expects lead counsel for each party to be present at hearing, although any
`backup counsel may make the actual presentation, in whole or in part. If any
`lead counsel will not be in attendance at hearing, the Board should be
`notified via a joint telephone conference call no later than two days prior to
`the hearing to discuss the matter.
`
`3
`
`
`
`
`
`
`
`IPR2015-01664
`Patent 7,787,431 B2
`
`For PETITIONER:
`
`J. Andrew Lowes
`andrew.lowes.ipr@haynesboone.com
`
`David M. O’Dell
`david.odell.ipr@haynesboone.com
`
`John Russell Emerson
`russell.emerson.ipr@haynesboone.com
`
`Clint Wilkins
`clint.wilkins.ipr@haynesboone.com
`
`
`
`For PATENT OWNER:
`
`Sharon Hwang
`shwang@mcandrews-ip.com
`
`Peter McAndrews
`pmcandrews@mcandrews-ip.com
`
`Herbert Hart III
`hhart@mcandrews-ip.com
`
`James Hietala
`jhietala@intven.com
`
`Tim Seeley
`tim@intven.com
`
`
`4