Trials@uspto.gov
`(571) 272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`ZEPP LABS, INC.,
`Petitioner,
`
`v.
`
`BLAST MOTION, INC.,
`Patent Owner.
`_______________
`
`Cases IPR2016-00675 (Patent 8,941,723)1
`IPR2016-00676 (Patent 8,905,855)
`IPR2016-00677 (Patent 8,944,928)
`_______________
`
`Before MICHAEL W. KIM, RAMA G. ELLURU, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`
`Paper 28
`Date: April 18, 2017
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`1 This Order addresses the same issue in the above-identified inter partes reviews.
`Therefore, we issue one Order to be filed in all cases. The parties are not
`authorized to use this style of heading. For the purposes of clarity and expediency,
`all citations are to IPR2016-00675 as representative, unless otherwise noted.
`
`
`
`
`
`

`

`Cases IPR2016-00675 (Patent 8,941,723)
`IPR2016-00676 (Patent 8,905,855)
`IPR2016-00677 (Patent 8,944,928)
`
`
`Blast Motion, Inc. (“Patent Owner”) requests oral hearing pursuant to 37
`C.F.R. § 42.70.2 Paper 28. The request is granted. Oral argument shall
`commence at 2:00 pm Eastern Time on May 8, 2017, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia.
`The above-identified proceedings involve the same parties and similar
`issues. The trial schedules for all proceedings have been synchronized, and the
`oral hearings have been scheduled on the same day. Paper 8. The oral arguments
`for the proceedings will be merged and conducted at the same time, i.e., not in
`seriatim.
`Each party will have sixty (60) minutes of total time to present arguments
`for all proceedings. Petitioner bears the ultimate burden of proof that the claims of
`each patent at issue in these reviews are unpatentable. Therefore, Petitioner will
`open the hearing by presenting its case regarding the challenged claims of the
`patents for which the Board instituted trial. Patent Owner then will have the
`entirety of their allotted time to respond to Petitioner’s presentation. Petitioner
`may reserve rebuttal time to respond to Patent Owner’s arguments only.
`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-
`
`
`2 Patent Owner asserts that “[i]n Petitioner’s Request for Oral Argument, Petitioner
`Zepp Labs, Inc. has requested extending the oral argument date to June 5, 2017.
`Patent Owner does not oppose this extension.” Paper 28, 1. Petitioner, however,
`has not requested such an extension, nor even filed a request for oral argument. In
`any case, at this juncture in the trial, and in the absence of supporting explanation,
`the request is denied.
`
`2
`
`

`

`Cases IPR2016-00675 (Patent 8,941,723)
`IPR2016-00676 (Patent 8,905,855)
`IPR2016-00677 (Patent 8,944,928)
`
`come, first-served basis. The hearing will have one transcript, the entirety of
`which will be applicable to and filed in each proceeding.
`At least seven (7) business days prior to the hearing, each party shall serve
`on the other party any demonstrative exhibit(s) it intends to use during the hearing.
`See 37 C.F.R. § 42.70(b). The parties should attempt to work out any objections to
`demonstratives prior to involving the Board. At least two (2) business days prior
`to the hearing, the parties shall file the demonstrative exhibits with the Board. See
`id. 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. The parties must initiate a conference call with the Board
`at least two (2) business days before the hearing to present any objection regarding
`the propriety of any demonstrative exhibit. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. The Board asks the
`parties to confine demonstrative exhibit objections to those identifying egregious
`violations that are prejudicial to the administration of justice.
`The parties are reminded that each 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 may be attending
`the hearing electronically from a remote location, and that if a demonstrative is not
`filed or otherwise made fully available or visible to all judges presiding over the
`hearing, that demonstrative will not be considered. 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.
`
`3
`
`

`

`Cases IPR2016-00675 (Patent 8,941,723)
`IPR2016-00676 (Patent 8,905,855)
`IPR2016-00677 (Patent 8,944,928)
`
`
`The Board expects lead counsel for each party to be present in person at the
`hearing. If a party anticipates that its lead counsel will not be attending the oral
`argument, the parties should initiate a joint telephone conference with the Board no
`later than two (2) business days prior to the oral hearing to discuss the matter. Any
`counsel of record, however, may present the party’s argument.
`Requests for audio-visual equipment are to be made at least five (5) business
`days in advance of the hearing date by sending the request to Trials@uspto.gov. If
`the request is not received timely, the equipment may not be available on the day
`of the hearing.
`
`
`
`
`
`4
`
`

`

`Cases IPR2016-00675 (Patent 8,941,723)
`IPR2016-00676 (Patent 8,905,855)
`IPR2016-00677 (Patent 8,944,928)
`
`For Petitioner:
`
`Dargaye Churnet
`Michael J. Sacksteder
`Bryan A. Kohm
`FENWICK & WEST LLP
`dchurnet@fenwick.com
`msacksteder@fenwick.com
`bkohm@fenwick.com
`
`For Patent Owner:
`
`Michael T. Rosato
`Matthew A. Argenti
`James C. Yoon
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`margenti@wsgr.com
`jyoon@wsgr.com
`
`
`
`
`
`5
`
`