Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
` Paper No. 19
`
`Entered: January 3, 2017
`
`
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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RPX CORPORATION,
`Petitioner,
`
`v.
`
`CHANBOND LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00234
`Patent 7,941,822 B2
`____________
`
`
`
`Before JONI Y. CHANG, JENNIFER S. BISK, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
` Paper No. 19
`
`Entered: January 3, 2017
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RPX CORPORATION,
`Petitioner,
`
`v.
`
`CHANBOND LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00234
`Patent 7,941,822 B2
`____________
`
`
`
`Before JONI Y. CHANG, JENNIFER S. BISK, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`HARLOW, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-00234
`Patent 7,941,822 B2
`
`
`
`On June 6, 2016, we instituted the instant inter partes review
`(Paper 7), and issued a Scheduling Order (Paper 8), which set the date for
`oral hearing to January 30, 2017, if oral hearing is requested by either party
`and granted by the Board. Both parties request an oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 16 and 17. We grant those requests.
`Patent Owner requests 45 minutes of time to present its argument.
`Paper 17. Petitioner does not specify how much time should be allocated for
`oral argument. Paper 16. Upon review of the record, we grant a total of 90
`minutes of oral argument time.
`The hearing will commence at 1:00 PM Eastern Time, on
`January 30, 2017, and will be conducted at the USPTO central headquarters
`located in Alexandria, Virginia. Each party will have 45 minutes of total
`time to present its arguments. At the oral hearing, Petitioner will proceed
`first to present its case as to the challenged claims and instituted grounds of
`unpatentability. Thereafter, Patent Owner will respond to Petitioner’s case.
`After that, Petitioner will make use of the rest of its time responding to
`Patent Owner’s presentation on all matters. Petitioner must confine any
`such rebuttal to subject matter expressly addressed during Patent Owner’s
`argument.
`The hearing will be open to the public for in-person attendance at the
`USPTO central headquarters, the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia, 22314. In-person attendance will
`be accommodated on a first-come first-served basis. The Board will provide
`
`2
`
`
`
`IPR2016-00234
`Patent 7,941,822 B2
`
`
`
`a court reporter for 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 no
`later than five business days before the hearing date. They shall be filed
`with the Board no later than three business days prior to the hearing date.
`Because the hearing will be open to the public, any demonstrative exhibits
`shall not contain any information alleged to be confidential by either party.
`The parties must initiate a conference call with the Board at least two
`business days prior to the hearing to resolve any dispute over the propriety
`of each party’s demonstrative exhibits. 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), for
`guidance regarding the appropriate content of demonstrative exhibits. See
`also CBS Interactive Inc. v. Helferich Patent Licensing, LLC, Case
`IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) (The Board has the
`discretion to limit the parties’ demonstratives to pages in the record should
`there be no easy resolution to objections over demonstratives.).
`The Board expects 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 is unable to attend the oral
`argument, the Board should be notified via a joint telephone conference call
`no later than two business days prior to the oral hearing to discuss the
`matter.
`
`3
`
`
`
`IPR2016-00234
`Patent 7,941,822 B2
`
`
`
`Any requests regarding special equipment or needs, such as for audio
`visual equipment, should be directed to Trials@uspto.gov. Requests for
`audio-visual equipment are to be made at least five business days in advance
`of the hearing date. Judge Harlow (Denver) shall participate in the hearing
`remotely. If a demonstrative is not made available to the Board in the
`manner indicated above, that demonstrative may not be available to each of
`the judges during the hearing and may not be considered. Further, images
`projected, using audio visual equipment in Alexandria, will not be visible to
`Judge Harlow in Denver. Because of limitations on the audio transmission
`systems in our hearing rooms, the presenter may speak only when standing
`at the hearing room podium. The parties are reminded that the presenter
`must identify clearly and specifically each demonstrative exhibit (e.g., by
`slide or screen number) referenced during the hearing to ensure the clarity
`and accuracy of the reporter’s transcript. If the parties have questions as to
`whether demonstrative exhibits would be sufficiently visible and available to
`all of the judges, the parties are invited to contact the Board at
`(571) 272-9797.
`
`
`
`
`4
`
`
`
`IPR2016-00234
`Patent 7,941,822 B2
`
`PETITIONER:
`
`Robert M. Abrahamsen
`Randy J. Pritzker
`WOLF, GREENFIELD & SACKS, P.C.
`RAbrahamsen-PTAB@wolfgreenfield.com
`RPritzker-PTAB@wolfgreenfield.com
`
`PATENT OWNER:
`
`Tarek Fahmi
`Holly Atkinson
`ASCENDA LAW GROUP, PC
`Tarek.fahmi@ascendalaw.com
`Holly.atkinson@ascendalaw.com
`
`
`
`
`
`5
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