Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper No. 17
`Entered: January 13, 2017
`
`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 IPR2016-00123 (Patent 8,719,037 B2)
`Case IPR2016-00125 (Patent 8,290,778 B2)
`Case IPR2016-00146 (Patent 8,719,038 B1)
`Case IPR2016-00156 (Patent 8,296,146 B2)
`Case IPR2016-00177 (Patent 8,781,839 B1)1
`
`
`Before KARL D. EASTHOM, MICHAEL R. ZECHER, KEVIN W.
`CHERRY, and JASON J. CHUNG, Administrative Patent Judges.
`
`PER CURIAM.
`
`HEARING ORDER
`
`
`
`
`
`
`
`
`
`
`1 This Hearing Order applies to all five cases. The parties are not authorized
`to use this heading style.
`
`

`
`IPR2016-00123 (Patent 8,719,037 B2) IPR2016-00125 (Patent 8,290,778 B2)
`IPR2016-00146 (Patent 8,719,038 B1) IPR2016-00156 (Patent 8,296,146 B2)
`IPR2016-00177 (Patent 8,781,839 B1)
`
`
`Petitioner requests an oral Hearing pursuant to 37 C.F.R. § 42.70 in
`each of the cases. See, e.g., Paper 17.2 Patent Owner requests an oral
`Hearing pursuant to 37 C.F.R. § 42.70 in Cases IPR2016-00125 (Paper 18)
`and IPR2016-00156 (Paper 18). We grant the parties’ requests.
`Each party will have thirty (30) minutes to present arguments in each
`of the five cases, for a total of five hours. In Cases IPR2016-00123,
`IPR2016-00146, and IPR2016-00177, Petitioner will present its case with
`respect to the challenged claims and grounds for which we instituted trial,
`Patent Owner then will respond to Petitioner’s presentation, and Petitioner
`then may rebut that response if Petitioner reserves some of its argument
`time. In Cases IPR2016-00125 and IPR2016-00156, Patent Owner will
`present its case with respect to its proposed amendments, Petitioner then will
`respond to Patent Owner’s presentation, and Patent Owner then may rebut
`that response if Patent Owner reserves some of its argument time.
`
`The Hearing will commence at 10:00 AM Eastern Time, on February
`7, 2017. The parties will present Cases IPR2016-00146 and IPR2016-00156
`beginning at 10:00 AM and ending at noon. The Hearing will resume at
`1:00 PM with the remaining three cases, Cases IPR2016-00123, IPR2016-
`00125, and IPR2016-00177.3 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
`
`
`2 Unless otherwise indicated, citations refer to Case IPR2016-00123.
`3 A different panel presides over Cases IPR2016-00146 and IPR2016-00156.
`The parties should confer and resolve any other coordination issues
`regarding presentation at the Hearing.
`
`2
`
`

`
`IPR2016-00123 (Patent 8,719,037 B2) IPR2016-00125 (Patent 8,290,778 B2)
`IPR2016-00146 (Patent 8,719,038 B1) IPR2016-00156 (Patent 8,296,146 B2)
`IPR2016-00177 (Patent 8,781,839 B1)
`
`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 at
`least seven (7) business days prior to the Hearing. They shall be filed at the
`Board at least two (2) business days prior to the Hearing. The parties must
`initiate a conference call with the Board at least two (2) business days prior
`to the Hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. Prior to any call, the parties must meet and confer in
`good faith to resolve any objections to demonstrative exhibits. Any dispute
`over the propriety of demonstrative exhibits that is not presented timely at
`least two (2) business days prior to the Hearing will be considered waived.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, Case IPR2013-00041, Paper
`65, 2–5 (PTAB Jan. 27, 2014), regarding the appropriate content of
`demonstrative exhibits.
`The presenter must identify clearly and specifically any demonstrative
`exhibit (e.g., by slide or screen number) referenced during the Hearing to
`ensure the clarity and accuracy of the reporter’s transcript and the ability of
`all judges to follow the presenter’s arguments. 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 at least five (5) business
`days in advance of the Hearing date. The request must be sent to
`Trials@uspto.gov. An untimely request may result in no equipment being
`available for the Hearing.
`
`3
`
`

`
`IPR2016-00123 (Patent 8,719,037 B2) IPR2016-00125 (Patent 8,290,778 B2)
`IPR2016-00146 (Patent 8,719,038 B1) IPR2016-00156 (Patent 8,296,146 B2)
`IPR2016-00177 (Patent 8,781,839 B1)
`
`
`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 only backup counsel will 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.
`Accordingly, it is
`ORDERED that Hearing will commence at 10:00 AM Eastern Time
`on February 7, 2017.
`
`For PETITIONER:
`Michael J. Lennon
`Clifford A. Ulrich
`KENYON & KENYON LLP
`mlennon@kenyon.com
`culrich@kenyon.com
`
`
`
`For PATENT OWNER:
`
`Robert F. Gazdzinski
`Peter J. Gutierrez, III
`Derek L. Midkiff
`GAZDZINSKI & ASSOCIATES, PC
`robert.gazdzinski@gazpat.com
`peter.gutierrez@gazpat.com
`derek.midkiff@gazpat.com
`
`
`4