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Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`Paper 29
`Date: January 24, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`TOYOTA MOTOR CORPORATION, HYUNDAI MOTOR COMPANY LTD.,
`HYUNDAI MOTOR AMERICA, HYUNDAI MOTOR MANUFACTURING
`ALABAMA, LLC, KIA MOTORS CORPORATION, KIA MOTORS AMERICA,
`INC., KIA MOTORS MANUFACTURING GEORGIA, INC., NISSAN NORTH
`AMERICA, INC., NISSAN MOTOR CO., LTD., and AMERICAN HONDA
`MOTOR CO., INC.,
`Petitioner,
`
`v.
`
`BLITZSAFE TEXAS, LLC,
`Patent Owner.
`
`____________
`
`Case IPR2016-004181
`Patent 8,155,342 B2
`
`____________
`
`
`Before JAMESON LEE and MIRIAM L. QUINN, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70(a)
`
`
`1 Cases IPR2016-01533, IPR2016-01557, and IPR2016-01560 have been joined
`with this proceeding.
`
`
`
`
`
`

`
`IPR2016-00418
`Patent 8,155,342 B2
`
`
`
`
`
`
`
`The deadline to request oral argument was January 20, 2017. See Paper 26
`
`(identifying stipulated deadline for Due Date 4). Patent Owner requested a hearing
`
`in this proceeding pursuant to 37 C.F.R. § 42.70. See Paper 28. We grant Patent
`
`Owner’s request.
`
`Each party will have 40 minutes of total argument time. Toyota Motor
`
`Corporation (presenting for “Petitioner”), bears the ultimate burden of proof that
`
`the claims at issue in this review are unpatentable. Therefore, Petitioner will
`
`proceed first to present its case with regard to the challenged claims on which basis
`
`we instituted trial. 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. There is no motion to amend to be addressed at the hearing, and, therefore,
`
`no rebuttal time will be allotted to Patent Owner.
`
`The hearing will commence at 10:30 AM Eastern Time on February 2, 2017
`
`at the USPTO, Madison Building, 9th Floor, 600 Dulany Street, Alexandria,
`
`Virginia. The hearing will be open to the public for in-person attendance, which
`
`will be accommodated on a first come first serve basis. If the parties have
`
`concerns about disclosing confidential information, they are requested to contact
`
`the Board at least five business days in advance of the hearing to discuss the
`
`matter.
`
`The Board will provide 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 four business days before the
`
`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
`
`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`
`appropriate content of demonstrative exhibits.
`
`2
`
`
`

`
`IPR2016-00418
`Patent 8,155,342 B2
`
`
`
`Any issue regarding demonstrative exhibits should be resolved at least two
`
`
`
`business days prior to the hearing by way of a joint telephone conference call to the
`
`Board. The parties are responsible for requesting such a conference sufficiently in
`
`advance of the hearing to accommodate this requirement. Any objection to
`
`demonstrative exhibits that is not timely presented will be considered waived.
`
`Demonstratives should be filed to the Board (Trials@uspto.gov) no later than two
`
`business days before the hearing. A hard copy of the demonstratives should be
`
`provided to the court reporter at the hearing.
`
`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 two business days in advance of the hearing date. The request is to be
`
`sent directly to Trials@uspto.gov. If the request is not received timely, the
`
`equipment may not be available on the day of the hearing. 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. The parties
`
`also should note that at least one member of the panel will be attending the hearing
`
`electronically from a remote location and will not be able to view the projection
`
`screen in the hearing room.
`
`The Board expects lead counsel for each party (including each of the joined
`
`Petitioners) to be present in person at the oral hearing. However, lead or backup
`
`counsel of the presenting party may put forward the party’s argument.
`
`If either party anticipates that its lead counsel will not be attending the oral
`
`hearing, the parties should initiate a joint telephone conference with the Board no
`
`later than two business days prior to the oral hearing to discuss the matter.
`
`
`
`
`
`3
`
`
`

`
`
`
`
`
`IPR2016-00418
`Patent 8,155,342 B2
`
`PETITIONER:
`
`IPR2016-00418:
`William H. Mandir (Lead Counsel)
`Yoshinari Kishimoto (Back-up Counsel)
`John F. Rabena (Back-up Counsel)
`Fadi N. Kiblawi (Back-up Counsel)
`Margaret M. Welsh (Back-up Counsel)
`toyota@sughrue.com
`
`IPR2016-01533:
`Joseph Melnik (Lead counsel)
`Joseph Beauchamp (Back-up counsel)
`H. Albert Liou (Back-up counsel)
`jmelnik@jonesday.com
`jbeauchamp@jonesday.com
`aliou@jonesday.com
`
`IPR2016-01557:
`Paul R. Steadman (Lead counsel)
`Matthew D. Satchwell (Back-up counsel)
`Gianni Minutoli (Back-up counsel)
`Nicholas Panno (Back-up counsel)
`paul.steadman@dlapiper.com
`matthew.satchwell@dlapiper.com
`Gianni.minutoli@dlapiper.com
`Nicholas.panno@dlapiper.com
`
`IPR2016-01560:
`Sean Hsu (Lead counsel)
`shsu@hdbdlaw.com
`
`PATENT OWNER:
`Peter Lambrianakos (Lead Counsel)
`Shahar Harel (Back-up Counsel)
`Vincent Rubino (Back-up Counsel)
`plambrianakos@brownrudnick.com
`sharel@brownrudnick.com
`vrubino@brownrudnick.com
`
`4

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