`Tel: 571-272-7822
`
`Paper 24
`Entered: January 12, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TOYOTA MOTOR CORP.1 and AISIN SEIKI CO., LTD.2,
`Petitioners,
`
`v.
`
`SIGNAL IP, INC.,
`Patent Owner.
`
`Case IPR2016-00292 and IPR2016-00366
`Patent 6,012,007
`
`
`
`Before MEREDITH C. PETRAVICK, JEREMY M. PLENZLER, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`PLENZLER, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 Toyota Motor Corp. is the Petitioner in IPR2016-00292.
`2 Aisin Seiki Co., Ltd. is the Petitioner in IPR2016-00366.
`
`
`
`IPR2016-00292
`IPR2016-00366
`Patent 6,012,007
`
`
`Oral argument in each of these cases, if requested by the parties, is
`scheduled for February 16, 2017. IPR2016-00292, Paper 17; IPR2016-
`00366, Paper 8. The parties requested oral hearing in each of these
`proceedings. IPR2016-00292, Papers 22, 23; IPR2016-00366, Papers 14,
`15. Patent Owner requests that the hearings for these proceedings be
`consolidated. IPR2016-00292, Paper 22, 1; IPR2016-00366, Paper 14, 1.
`Petitioners do not oppose that request. IPR2016-00292, Paper 23, 1–2;
`IPR2016-00366, Paper 15, 1–2. The requests are granted.
`Patent Owner requests thirty minutes of argument time. IPR2016-
`00292, Paper 22, 1; IPR2016-00366, Paper 14, 1. Petitioners do not request
`any particular amount of argument time, but request that they be provided
`with the same amount of time, collectively, as that provided to Patent Owner
`in a consolidated proceeding, and agree to coordinate with one another
`regarding the consolidated argument. IPR2016-00292, Paper 23, 2;
`IPR2016-00366, Paper 15, 2.
`Petitioners, collectively, will have a total of thirty minutes to present
`argument, which may be coordinated amongst themselves as they agree.
`Patent Owner will also have thirty minutes to present argument. The oral
`argument will commence at 1:30 PM Eastern Time, on Thursday, February
`16, 2017. The Board will provide a court reporter for the oral argument and
`the reporter’s transcript will constitute the official record of the oral
`argument. The hearing transcript will be entered in the record of this
`proceeding.
`Petitioners bear the ultimate burden of proof that Patent Owner’s
`patent claims at issue are unpatentable. Petitioners will proceed first to
`
`2
`
`
`
`IPR2016-00292
`IPR2016-00366
`Patent 6,012,007
`
`present their case with respect to the challenged patent claims and grounds
`with respect to which the Board instituted trial. After Petitioners’
`presentation, Patent Owner will respond to Petitioners’ argument.
`Petitioners may reserve time to respond to arguments presented by Patent
`Owner.
`The oral argument will be open to the public for in-person attendance,
`on 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. At least one member of the panel will be attending
`the oral argument remotely by use of two-way audio-visual communication
`equipment.
`Demonstrative exhibits must be served five business days before the
`hearing. The parties also shall provide a courtesy copy of any demonstrative
`exhibits to the Board by the end of day, February 13, 2017, by emailing
`them to Trials@uspto.gov. The parties shall not file any demonstrative
`exhibits in this proceeding without prior authorization from the Board. For
`guidance on what constitutes an appropriate demonstrative exhibit, the
`parties are directed to Paper 118 in CBS Interactive Inc. v. Wireless Sciences
`LLC, IPR2013-00033 (PTAB October 23, 2013). No live testimony from
`any witness will be taken at the oral argument.
`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.
`Requests for audio-visual equipment are to be made 5 days in advance
`of the hearing date. The request is to be sent to Trials@uspto.gov. If the
`
`3
`
`
`
`IPR2016-00292
`IPR2016-00366
`Patent 6,012,007
`
`request is not received timely, the equipment may not be available on the
`day of the hearing.
`
`
`
`PETITIONER (IPR2016-00292):
`
`John Flock
`George E. Badenoch
`Mark A. Chapman
`Andrews Kurth Kenyon LLP
`johnflock@andrewskurthkenyon.com
`georgebadenoch@andrewskurthkenyon.com
`markchapman@andrewskurthkenyon.com
`
`PETITIONER (IPR2016-00366):
`
`William H. Mandir
`David P. Emery
`John M. Bird
`Sughrue Mion PLLC
`wmandir@sughrue.com
`demery@sughrue.com
`jbird@sughrue.com
`
`
`
`PATENT OWNER:
`
`Tarek N. Fahmi
`Holly J. Atkinson
`Jason A. LaBerteaux
`Ascenda Law Group, PC
`tarek.fahmi@ascendalaw.com
`holly.atkinson@ascendalaw.com
`jason.laberteaux@ascendalaw.com
`patents@ascendalaw.com
`
`4