`571-272-7822
`
`
`
`Paper 22
`Entered: May 9, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ASUSTEK COMPUTER, INC. and
`ASUS COMPUTER INTERNATIONAL,
`Petitioner,
`
`v.
`
`AVAGO TECHNOLOGIES GENERAL IP (SINGAPORE) PTE. LTD.,
`Patent Owner.
`____________
`
`Cases1
`IPR2016-00646 (Patent 5,870,087)
`IPR2016-00647 (Patent 6,430,148 B1)
`____________
`
`
`
`Before GLENN J. PERRY, PATRICK R. SCANLON, and J. JOHN LEE,
`Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Oral Argument
`
`
`1 This Order addresses issues pertaining to both cases. Thus, we exercise
`our discretion to issue a single order to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`
`
`
`
`IPR2016-00646 (Patent 5,870,087)
`IPR2016-00647 (Patent 6,430,148 B1)
`
`
`IPR2016-00646 and IPR2016-00647 have been consolidated only for
`oral argument on May 17, 2017.
`Petitioner’s and Patent Owner’s Requests for Oral Argument in
`IPR2016-00646 (Papers 20 and 21) are granted. Petitioner’s and Patent
`Owner’s Requests for Oral Argument in IPR2016-00647 (Papers 25 and 26)
`are granted.
`Please note the time and location of the hearing. The hearing will
`commence at 9:00 AM on May 17, 2017, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia. The Board will
`provide a court reporter for the hearing and the reporter’s transcript will
`constitute the official record of the hearing. The hearing will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis. If the parties have any concern about disclosing
`confidential information, they are to contact the Board at least 7 days in
`advance of the hearing to discuss the matter.
`Each party will have 45 minutes of oral argument time for each of the
`cases, which will be argued separately. Petitioner bears the ultimate burden
`of proof that Patent Owner’s claims at issue in each review are unpatentable.
`Therefore, Petitioner will open the hearing by presenting its case regarding
`the challenged claims for which the Board instituted trial. After Petitioner’s
`presentation, Patent Owner will respond to Petitioner’s argument. Petitioner
`may reserve rebuttal time to respond to arguments presented by Patent
`Owner. The parties may also address any pending motions during their
`respective presentations.
`
`
`
`
`2
`
`
`
`IPR2016-00646 (Patent 5,870,087)
`IPR2016-00647 (Patent 6,430,148 B1)
`
`
`The parties are reminded that under 37 C.F.R. § 42.70(b),
`demonstrative exhibits must be served at least seven business days before
`the hearing date. The parties also shall provide a courtesy copy of any
`demonstrative exhibits to the Board at least five business days prior to the
`hearing by emailing them to Trials@uspto.gov. Demonstrative exhibits
`shall not be filed unless a party receives prior authorization from the Board.
`The parties must file any objections to the demonstratives with the
`Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not presented timely will be considered
`waived. The objections should identify with particularity which
`demonstratives are subject to objection and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections until after the oral argument. 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. No live testimony from any witness will be taken at
`the oral argument.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearing, although any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for a party will not be in
`attendance at the hearing, the Board should be notified via a joint conference
`call no later than two days prior to the hearing to discuss the matter.
`
`3
`
`
`
`IPR2016-00646 (Patent 5,870,087)
`IPR2016-00647 (Patent 6,430,148 B1)
`
`
`Any special requests for audiovisual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than seven business
`days before the hearing, directed to the above email address.
`
`
`4
`
`
`
`PETITIONER:
`
`Christopher TL Douglas
`christopher.douglas@alston.com
`
`Derek S. Neilson
`derek.neilson@alston.com
`
`
`PATENT OWNER:
`
`Kristopher L. Reed
`kreed@kilpatricktownsend.com
`
`Jeffrey M. Connor
`jmconner@kilpatricktownsend.com
`
`Matthew C. Holohan
`mholohan@kilpatricktownsend.com
`
`
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