Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 17
`Entered: October 27, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`WEST VIEW RESEARCH, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01941
`Patent 8,065,156 B2
`____________
`
`
`
`Before MICHAEL R. ZECHER, JENNIFER S. BISK, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`571-272-7822
`
`
`
`
`Paper 17
`Entered: October 27, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner,
`
`v.
`
`WEST VIEW RESEARCH, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01941
`Patent 8,065,156 B2
`____________
`
`
`
`Before MICHAEL R. ZECHER, JENNIFER S. BISK, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2015-01941
`Patent 8,065,156 B2
`
`DISCUSSION
`An inter partes review was instituted in this proceeding as to claims
`11, 15, and 22 of U.S. Patent No. 8,065,156 B2. Paper 7. Petitioner and
`Patent Owner requested an oral hearing pursuant to 37 C.F.R. § 42.70(a).
`Papers 15, 16. Patent Owner requested no more than one hour of oral
`argument time and Petitioner did not propose any specific time allocation for
`oral argument. See id. We have reviewed the issues that the parties
`indicated that they intend to address, and forty-five (45) minutes per party to
`present arguments should be sufficient. The hearing will commence at 1:00
`PM Eastern Time, on Thursday, December 1, 2016. The oral hearing will be
`open to the public for in-person attendance, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia. Space in the
`hearing room is limited, and any attendees beyond three per party (including
`any attorneys who may be appearing) will be accommodated on a first-
`come, first-served basis.
`Petitioner will first present its case as to the challenged claims and
`grounds with respect to which we instituted trial. Thereafter, Patent Owner
`will argue its opposition to Petitioner’s case. Petitioner then may use any
`time it reserved to rebut Patent Owner’s opposition.
`At least seven (7) business days prior to the oral arguments, each
`party shall serve on the other party any demonstrative exhibit(s) it intends to
`use during the oral arguments. See 37 C.F.R. § 42.70(b). The parties also
`shall provide the demonstrative exhibits to the Board at least five (5)
`business days prior to the oral arguments by e-mailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`
`2
`
`
`
`IPR2015-01941
`Patent 8,065,156 B2
`these cases without our prior authorization.1 Demonstrative exhibits are not
`evidence, but merely a visual aid at the oral arguments. Demonstrative
`exhibits shall not introduce new evidence or raise new arguments. For
`further guidance on what constitutes an appropriate demonstrative exhibit,
`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) and CBS Interactive Inc. v. Helferich
`Patent Licensing, LLC, IPR2013-00033, (PTAB Oct. 23, 2013) (Paper 118).
`The parties should attempt to resolve any objections to demonstratives
`prior to involving the Board. Any issue regarding demonstrative exhibits
`that cannot be resolved should be identified in joint email communications at
`least two (2) business days prior to the hearing. Any unresolved objections
`to demonstrative exhibits not presented timely will be considered waived.
`To aid in the preparation of an accurate transcript, each party shall provide
`paper copies of its demonstratives to the court reporter on the day of the oral
`arguments. Such paper copies shall not become part of the record of this
`proceeding. The parties are reminded that each presenter must identify
`clearly and specifically each demonstrative exhibit (e.g., by slide or screen
`number), paper, or exhibit referenced during the oral arguments to ensure the
`clarity and accuracy of the reporter’s transcript.
`We expect lead counsel for each party to be present at oral hearing,
`although any backup counsel may make the actual presentation, in whole or
`in part. If lead counsel for either party will not be in attendance at the oral
`
`
`1 In accordance with our discretion under 37 C.F.R. § 42.5(b), we modify
`37 C.F.R. § 42.70(b) to require that the parties first seek our authorization to
`file any demonstratives exhibits in these cases.
`
`3
`
`
`
`IPR2015-01941
`Patent 8,065,156 B2
`hearing, we should be notified via email communications no later than two
`(2) business days prior to the oral hearing
`Lead counsel and back-up counsel may use portable computers in the
`hearing room at the counsel tables and at the hearing room lectern. The
`parties are reminded to direct any requests for specialized audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`e-mail address not less than five (5) business days before the date of oral
`argument.
`
`ORDER
`It is ORDERED that oral arguments for these proceedings shall take
`place beginning at 1:00 PM Eastern Time, on Thursday, December 1, 2016
`at the Madison Building East, 600 Dulany Street, ninth floor, Alexandria,
`Virginia.
`
`
`
`4
`
`
`
`IPR2015-01941
`Patent 8,065,156 B2
`
`For PETITIONER:
`
`Michael J. Lennon
`Clifford A. Ulrich
`KENYON & KENYON LLP
`mlennon@kenyon.com
`culrich@kenyon.com
`
`For PATENT OWNER:
`
`Peter J. Gutierrez, III
`Derek L. Midkiff
`GAZDZINSKI & ASSOCIATES, PC
`peter.gutierrez@gazpat.com
`derek.midkiff@gazpat.com
`docket@gazpat.com
`
`5
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