`571-272-7822
`
`
`
`
`Paper 40
`Entered: May 15, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ARRIS GROUP, INC., ARUBA NETWORKS, INC.,
`HEWLETT PACKARD ENTERPRISE COMPANY, and HP, INC.,
`Petitioner,
`
`v.
`
`MOBILE TELECOMMUNICATIONS TECHNOLOGIES, LLC,
`Patent Owner.
`
`
`Case IPR2016-00768
`Patent 5,659,8911
`
`
`Before MEREDITH C. PETRAVICK, SCOTT A. DANIELS, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`PETRAVICK, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`
`The parties have requested oral argument, and the hearing will
`commence at 10:00 AM ET on Tuesday, June 20, 2017, on the ninth floor of
`
`
`1 Case IPR2016-00766 has been joined with the instant proceeding.
`
`
`
`
`IPR2016-00768
`Patent 5,659,891
`
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. See Paper
`39 (Petitioner’s Request), 38 (Patent Owner’s Request).
`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.
`Each party will have 30 minutes to present argument. Petitioner bears
`the ultimate burden of proof that Patent Owner’s claims at issue in this
`review are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its arguments regarding the challenged claims for which the
`Board instituted trial. Patent Owner then will respond to Petitioner’s
`arguments. Petitioner may reserve time to respond to arguments presented
`by Patent Owner. Patent Owner may not reserve time.
`The parties are reminded that the demonstrative exhibits must be
`served and filed in accordance with 37 C.F.R. § 42.70(b).
`The Board asks that the parties attempt to resolve objections to the
`demonstrative exhibits, and if any objections cannot be resolved, the parties
`must file those objections with the Board no later than June 16, 2017. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived. The objections should identify with particularity which
`demonstrative exhibits are subject to objection, and include a short statement
`of the reason for each objection. 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, IPR2013-00041 (PTAB
`
`2
`
`
`
`IPR2016-00768
`Patent 5,659,891
`
`January 27, 2014) (Paper 65), for guidance regarding the appropriate content
`of demonstrative exhibits.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party expects 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 June 16, 2017, to discuss the matter.
`Any special requests for audio visual 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 five days before
`the hearing directed to the above email address.
`
`
`
`
`
`
`
`
`PETITIONER:
`
`Gabrielle E. Higgins
`Kathryn N. Hong
`ROPES & GRAY LLP
`gabrielle.higgins@ropesgray.com
`kathryn.hong@ropesgray.com
`
`
`
`PATENT OWNER:
`
`John R. Kasha
`Kelly L. Kasha
`KASHA LAW LLC
`john.kasha@kashalaw.com
`kelly.kasha@kashalaw.com
`
`3
`
`
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