Trials@uspto.gov Paper 61
`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
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
