Trials@uspto.gov Paper 63
`571-272-7822 Date: December 29, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`COSTCO WHOLESALE CORP.,
`Petitioner,
`
` v.
`
` ROBERT BOSCH LLC,
`Patent Owner.
`
`Cases
`IPR2016-00034 (Patent 6,973,698 B1)
`IPR2016-00036 (Patent 6,944,905 B2)
`IPR2016-00038 (Patent 6,292,974 B1)
` IPR2016-00039 (Patent 7,228,588 B2)
` IPR2016-00040 (Patent 7,484,264 B2)
` IPR2016-00041 (Patent 8,099,823 B2)
` _______________
`
`Before PHILLIP J. KAUFFMAN, WILLIAM V. SAINDON, and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`KAUFFMAN, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`571-272-7822 Date: December 29, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`COSTCO WHOLESALE CORP.,
`Petitioner,
`
` v.
`
` ROBERT BOSCH LLC,
`Patent Owner.
`
`Cases
`IPR2016-00034 (Patent 6,973,698 B1)
`IPR2016-00036 (Patent 6,944,905 B2)
`IPR2016-00038 (Patent 6,292,974 B1)
` IPR2016-00039 (Patent 7,228,588 B2)
` IPR2016-00040 (Patent 7,484,264 B2)
` IPR2016-00041 (Patent 8,099,823 B2)
` _______________
`
`Before PHILLIP J. KAUFFMAN, WILLIAM V. SAINDON, and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`KAUFFMAN, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`Thirty (30) minutes
`
`Twenty (20) minutes
`
`Twenty (20) minutes
`
`IPR2016-00034 (Patent 6,973,698 B1)
`IPR2016-00036 (Patent 6,944,905 B2)
`IPR2016-00038 (Patent 6,292,974 B1)
`IPR2016-00039 (Patent 7,228,588 B2)
`IPR2016-00040 (Patent 7,484,264 B2)
`IPR2016-00041 (Patent 8,099,823 B2)
`
`
`The parties have requested oral argument, and the hearing will
`commence at 10:00 AM ET on Wednesday, January 18, 2017, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`See Papers 17, 47 (Patent Owner’s Request), 48 (Petitioner’s Request).1
`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 will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis.
`Each party will have a total of 1 hour and 40 minutes of argument
`time, to be pooled among all the cases. The cases will be addressed in the
`following sequence and groupings, with the following time budget:
`Proceeding
`Appx. time for each side
`IPR2016-00039/40/41
`Thirty (30) minutes
`
`IPR2016-00038
`
`IPR2016-00034
`
`IPR2016-00036
`
`
`
`In the event a party does not use all of its budgeted time, it will be
`credited to the next proceeding; if a party goes over its budgeted time, it will
`be debited from the next proceeding. The proceeding will break for lunch at
`
`
`1 References are to the Papers of IPR2016-00038, the other proceedings
`include similar papers.
`
`2
`
`
`
`
`
`
`IPR2016-00034 (Patent 6,973,698 B1)
`IPR2016-00036 (Patent 6,944,905 B2)
`IPR2016-00038 (Patent 6,292,974 B1)
`IPR2016-00039 (Patent 7,228,588 B2)
`IPR2016-00040 (Patent 7,484,264 B2)
`IPR2016-00041 (Patent 8,099,823 B2)
`
`
`an appropriate time for approximately 90 minutes. If the parties wish for a
`different order or grouping, the parties should confer, propose a different
`time budget, and contact the Board.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in this review are unpatentable. Therefore, Petitioner will
`open the hearing by presenting its arguments. Patent Owner then will
`respond to Petitioner’s arguments. Petitioner may reserve time to respond to
`arguments presented by Patent Owner.
`The parties are reminded that the demonstrative exhibits must be
`served and filed in accordance with 37 C.F.R. § 42.70(b).
`The Board asks that the parties attempt to resolve objections to the
`demonstratives, and if any objections cannot be resolved, the parties must
`file those objections with the Board no later than January 13, 2017. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived. The objections should identify with particularity which
`demonstratives 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 are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`
`3
`
`
`
`
`IPR2016-00034 (Patent 6,973,698 B1)
`IPR2016-00036 (Patent 6,944,905 B2)
`IPR2016-00038 (Patent 6,292,974 B1)
`IPR2016-00039 (Patent 7,228,588 B2)
`IPR2016-00040 (Patent 7,484,264 B2)
`IPR2016-00041 (Patent 8,099,823 B2)
`
`
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five days before
`the hearing directed to the above email address.
`
`
`
`
`
`4
`
`
`
`
`
`
`IPR2016-00034 (Patent 6,973,698 B1)
`IPR2016-00036 (Patent 6,944,905 B2)
`IPR2016-00038 (Patent 6,292,974 B1)
`IPR2016-00039 (Patent 7,228,588 B2)
`IPR2016-00040 (Patent 7,484,264 B2)
`IPR2016-00041 (Patent 8,099,823 B2)
`
`
`For PETITIONER:
`Richard Koehl
`richard.koehl@hugheshubbard.com
`
`James Klaiber
`james.klaiber@hugheshubbard.com
`
`David Lansky
`david.lansky@hugheshubbard.com
`
`Stefanie Lopatkin
`stefanie.lopatkin@hugheshubbard.com
`
`James Dabney
`james.dabney@hugheshubbard.com
`
`For PATENT OWNER:
`
`Patrick Colsher
`patrick.colsher@shearman.com
`
`
`
`Mark Hannemann
`mark.hannemann@shearman.com
`
`5
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