Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 24
`Entered: September 26, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`McAFEE, INC.,
`Petitioner,
`
`v.
`
`CAP CO., LTD.,
`Patent Owner.
`_______________
`
`Case IPR2015-01856 (Patent 8,544,078 B2)
`Case IPR2015-01876 (Patent 8,544,078 B2)
`_______________
`
`
`
`Before DONNA M. PRAISS, PATRICK M. BOUCHER, and J. JOHN LEE,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 326(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper 24
`Entered: September 26, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`McAFEE, INC.,
`Petitioner,
`
`v.
`
`CAP CO., LTD.,
`Patent Owner.
`_______________
`
`Case IPR2015-01856 (Patent 8,544,078 B2)
`Case IPR2015-01876 (Patent 8,544,078 B2)
`_______________
`
`
`
`Before DONNA M. PRAISS, PATRICK M. BOUCHER, and J. JOHN LEE,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 326(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-01856 (Patent 8,544,078 B2)
`IPR2015-01876 (Patent 8,544,078 B2)
`
`
`Both parties have requested oral argument pursuant to 37 C.F.R. § 42.70(a).
`IPR2015-01856, Paper 24; IPR2015-01856, Paper 25; IPR2015-01876, Paper 22;
`IPR2015-01876, Paper 23. The requests are granted.
`Each party will have 45 minutes to present its case. Each party is free to
`divide its time among the two cases as it chooses, but must make clear at all times,
`for purposes of the transcript, the case(s) it is discussing. Nevertheless, any
`representation made by counsel at the consolidated oral argument is applicable to
`all proceedings in which an underlying basis exists for the representation. The oral
`hearing will commence at 2:00 PM Eastern Time, on Tuesday, November 1,
`2016.1 The hearing 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. The hearing transcript will be
`entered in the record of each case.
`Petitioner bears the ultimate burden of proof that the challenged patent
`claims are unpatentable. Therefore, at the oral hearing, Petitioner will proceed first
`to present its case with respect to the challenged claims and grounds on which the
`Board instituted trial. Petitioner may reserve some of its time for rebuttal. Patent
`Owner then will respond to Petitioner’s initial presentation. Thereafter, Petitioner
`may use any time it has reserved to rebut Patent Owner’s presentation. On
`rebuttal, Petitioner will be restricted to only those matters raised by Patent Owner
`in its presentation.
`
`1 Because this date reflects a change from the Scheduling Order in these cases, any
`party for whom this date presents a problem should contact the Board promptly by
`email to Trials@uspto.gov.
`
` 2
`
`
`
`
`
`
`
`IPR2015-01856 (Patent 8,544,078 B2)
`IPR2015-01876 (Patent 8,544,078 B2)
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least
`seven (7) business days before the hearing. The parties shall meet and confer to
`discuss and resolve any objections to demonstrative exhibits. Any party with
`unresolved objections must file a list of those objections with the Board at least
`two (2) business days before the hearing. For each objection, the list must identify
`with particularity which portions of the demonstrative exhibits are subject to the
`objection and may include a short, one-sentence statement explaining the
`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. Any objection to
`demonstrative exhibits not timely presented will be considered waived.
`Notwithstanding 37 C.F.R. § 42.70(b), each party also shall file its
`demonstrative exhibits with the Board as a separate paper at least two (2) business
`days prior to the hearing. A hard copy of the demonstratives should be provided to
`the court reporter at the hearing.
`The parties are directed to CBS Interactive Inc. v. Wireless Sciences LLC,
`Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118), for guidance regarding
`the proper content of demonstrative exhibits. Demonstrative exhibits are not
`evidence and may not introduce new evidence or arguments. Instead,
`demonstrative exhibits should cite to evidence in the record. 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 Board expects lead counsel for each party to be present at the oral
`hearing, although any backup counsel may make the actual presentation, in whole
`or in part. At least one of the judges will attend via videoconference, and the
`
` 3
`
`
`
`
`
`
`
`IPR2015-01856 (Patent 8,544,078 B2)
`IPR2015-01876 (Patent 8,544,078 B2)
`
`parties should plan accordingly. Requests for audio-visual equipment are to be
`made five (5) business days in advance of the hearing date. The requests must be
`sent to Trials@uspto.gov by e-mail. If the request is not timely received, the
`equipment may not be available on the day of the hearing.
`
`
`
`
`
`
`
`
` 4
`
`
`
`
`
`
`
`IPR2015-01856 (Patent 8,544,078 B2)
`IPR2015-01876 (Patent 8,544,078 B2)
`
`PETITIONER:
`
`James Valentine
`jvalentine-ptab@perkinscoie.com
`Ryan McBrayer
`RMcBrayer@perkinscoie.com
`Jonathan Allred
`jallred@perkinscoie.com
`
`
`
`PATENT OWNER:
`
`Keith Kline
`KKline@CarrFerrell.com
`Bruce Wecker
`bwecker@hausfeld.com
`
`
` 5
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