`Tel: 571-272-7822
`
`Paper No. 22
`Entered: February 1, 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.
`
`
`REVISED ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70(a)
`
`
`
`
`
`
`
`
`
`1
`
`
` This Revised Order applies to all five cases. We exercise our discretion to
`issue one Revised Order to be filed in each case. The parties are not
`authorized to use this heading style without prior authorization from the
`panel.
`
`
`
`
`
`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)
`
`
`I.
`
`DISCUSSION
`
`On January 30, 2017, a conference call was held between counsel for
`
`Petitioner, Volkswagen Group of America, Inc. (“Volkswagen”), counsel for
`
`Patent Owner, West View Research, LLC (“West View”), and the panel
`
`members identified above. During that conference call, we granted West
`
`View’s oral request to withdraw its Motions to Amend filed in each of Cases
`
`IPR2016-00125 and IPR2016-00156. IPR2016-00125, Paper 21; IPR2016-
`
`00156, Paper 21. We also explained to the parties that oral argument for
`
`Cases IPR2016-00125 and IPR2016-00156 was no longer necessary as
`
`Volkswagen’s Petition and supporting evidence filed in each case stand
`
`unrebutted (i.e., there are no Patent Owner Responses or Motions to Amend
`
`that remain for our consideration). Counsel for West View confirmed
`
`during the conference call that it did not intend to make an appearance at the
`
`hearing to present patentability arguments for these two cases, as well as
`
`related Cases IPR2016-00123, IPR2016-00146, and IPR2016-00177. We
`
`then inquired whether Volkswagen still intended to proceed with oral
`
`argument regarding Cases IPR2016-00123, IPR2016-00146, and IPR2016-
`
`00177. Counsel for Volkswagen indicated that it would need to confer with
`
`its client as to whether it wanted to proceed with oral argument in these three
`
`cases. We set a forty-eight (48) hour deadline for Volkswagen to inform us
`
`whether it wished to proceed with oral argument.
`
`On January 31, 2017, counsel for Volkswagen sent the panel an email
`
`correspondence indicating that it wished to proceed with oral argument for
`
`Cases IPR2016-00123, IPR2016-00146, and IPR2016-00177. Counsel for
`
`Volkswagen, however, represented that it would require no more than forty-
`
`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)
`
`five (45) minutes, in total, to address all three cases. Based on the particular
`
`circumstances discussed above, we modify the previous oral argument order
`
`entered into the record of each case as follows. IPR2016-00123, Paper 17;
`
`IPR2016-00125, Paper 20; IPR2016-00146, Paper 17; IPR2016-00156,
`
`Paper 20; IPR2016-00177, Paper 17. We dismiss the parties’ request for
`
`oral argument in Cases IPR2016-00125 and IPR2016-00156 because West
`
`View effectively elected not to file a response in each case, and we grant
`
`Volkswagen’s request for oral argument in Cases IPR2016-00123, IPR2016-
`
`00146, and IPR2016-00177.
`
`Volkswagen will have 45 minutes, in total, to present arguments in
`
`Cases IPR2016-00123, IPR2016-00146, and IPR2016-00177. The hearing
`
`will commence at 1:00PM Eastern Time on Tuesday, February 7, 2017, and
`
`it will be open to the public for in-person attendance, on the ninth floor of
`
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. In light of
`
`the particular circumstances discussed above, we only expect lead counsel
`
`for Volkswagen to be present at the hearing; however any backup counsel
`
`may make the actual presentation, in whole or in part. If only backup
`
`counsel for Volkswagen will be in attendance at the hearing, we should be
`
`notified via a joint telephone conference call no later than two days prior to
`
`the hearing to discuss the matter.
`
`
`
`II. ORDER
`
`Accordingly, it is ORDERED that hearing for Cases IPR2016-00123,
`
`IPR2016-00146, and IPR2016-00177 will commence at 1:00PM Eastern
`
`Time on Tuesday, February 7, 2017.
`
`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)
`
`For PETITIONER:
`
`Michael J. Lennon
`Clifford A. Ulrich
`Kenyon & Kenyon LLP
`mlennon@kenyon.com
`culrich@kenyon.com
`
`
`
`For PATENT OWNER:
`
`Peter J. Gutierrez, III
`Kim H. Leung
`Mark Wang
`Gazdzinski & Associates, PC
`docket@gazpat.com
`
`
`4
`
`
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