Paper No. 63
`
`Date Entered: May 17, 2017
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LEGEND3D, INC.,
`Petitioner,
`v.
`PRIME FOCUS CREATIVE SERVICES CANADA INC.,
`Patent Owner.
`______________________
`Case IPR2016-00806
`Patent No. 8,922,628 B2
`______________________
`
`Before THOMAS L. GIANNETTI, MATTHEW R. CLEMENTS, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Date Entered: May 17, 2017
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LEGEND3D, INC.,
`Petitioner,
`v.
`PRIME FOCUS CREATIVE SERVICES CANADA INC.,
`Patent Owner.
`______________________
`Case IPR2016-00806
`Patent No. 8,922,628 B2
`______________________
`
`Before THOMAS L. GIANNETTI, MATTHEW R. CLEMENTS, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2016-00806
`8,922,628 B2
`
`
`The Scheduling Order in this proceeding sets the date for oral hearing
`to June 21, 2017, if a hearing was requested by the parties and granted by the
`Board. Paper 14, 6. Petitioner and Patent Owner each request an oral
`hearing pursuant to 37 C.F.R. § 42.70. Papers 59, 62. These requests are
`granted.
`Each party will have 45 minutes of total time to present arguments.
`Petitioner bears the ultimate burden of proof that the challenged claims are
`unpatentable. Therefore, Petitioner will proceed first to present its case with
`regard to the challenged claims for which we instituted trial. Thereafter,
`Patent Owner will argue its opposition to Petitioner’s case. As Patent owner
`bears the burden of proof on its motion to amend claims, Patent Owner will
`also present its own case with regard to its motion to amend. After that,
`Petitioner may use any time it reserved to rebut Patent Owner’s opposition
`and to respond to any argument raised by Patent Owner regarding its motion
`to amend. Finally, Patent Owner may use any time it reserved solely to
`rebut Petitioner’s opposition to Patent Owner’s motion to amend.
`The hearing shall commence at 2:00 PM (EST) on June 21, 2017.
`The hearing will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, VA. The
`Board will provide a court reporter, and the transcript shall constitute the
`official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served seven business days before the hearing. Notwithstanding what is
`expressly stated in § 42.70, however, the parties shall file the demonstrative
`exhibits no later than three business days before the hearing to allow the
`panel sufficient time to review the materials.
`
`
`
`IPR2016-00806
`8,922,628 B2
`
`
`The Board reminds the parties that demonstrative exhibits are not
`evidence, but are intended to assist the parties in presenting their oral
`arguments to the Board. The Board also reminds the parties that
`demonstrative exhibits are not a mechanism for making arguments not
`previously addressed in the papers. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. 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 Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved, the parties may file any remaining objections with the
`Board at least three business days before the oral hearing. The objections
`should identify with particularity the portions of the demonstrative exhibits
`that are subject to objection and include a one-sentence statement of the
`basis for each objection. No argument or further explanation is permitted.
`The Board will consider any objections and schedule a conference call if
`deemed necessary. Otherwise, the Board will reserve ruling on the
`objections until the hearing. Any objection to demonstrative exhibits that is
`not timely presented will be considered waived. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`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 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 business days prior to the oral
`hearing to discuss the matter.
`
`2
`
`
`
`
`IPR2016-00806
`8,922,628 B2
`
`
`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 no later than five 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.
`
`In light of the foregoing, it is:
`ORDERED that the oral hearing, conducted pursuant to the
`procedures outlined above, shall commence at 2:00 PM (EST) on June 21,
`2017.
`
`
`
`
`
`
`
`3
`
`
`
`
`
`
`4
`
`
`IPR2016-00806
`8,922,628 B2
`
`For PETITIONER:
`
`Daniel N. Yannuzzi
`dyannuzzi@sheppardmullin.com
`
`Trevor J. Quist
`tquist@sheppardmullin.com
`
`
`
`For PATENT OWNER:
`
`Joshua Glucoft, Esq.
`PrimeFocusIPR@irell.com
`
`Michael Fleming
`mfleming@irell.com
`
`
`
`
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