`Tel: 571-272-7822
`
`Paper 29
`Entered: May 8, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`VALVE CORPORATION,
`Petitioner,
`
`v.
`
`IRONBURG INVENTIONS LTD.,
`Patent Owner.
`____________
`
`Cases
`IPR2016-00948 (Patent 8,641,525 B2)
`IPR2016-00949 (Patent 9,089,770 B2)
`
`
`
`____________
`
`
`Before PHILLIP J. KAUFFMAN, MEREDITH C. PETRAVICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`KAUFFMAN, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2016-00948 (Patent 8,641,525 B2)
`IPR2016-00949 (Patent 9,089,770 B2)
`
`The parties have requested oral argument, and the hearing will
`
`commence at 1:00 PM ET on Monday, June 5, 2017, on the ninth floor of
`
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. See
`
`Papers 11 (Scheduling Order), 26 (Petitioner’s Request), 27 (Patent Owner’s
`
`Request).1
`
`The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing.2 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 60 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 for both cases. 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 May 31, 2017. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived. The objections should identify with particularity which
`
`
`1 References are to the Papers of IPR2016-00948, the other proceeding
`includes similar papers.
`2 A single transcript will be produced and filed in each case.
`
`2
`
`
`
`IPR2016-00948 (Patent 8,641,525 B2)
`IPR2016-00949 (Patent 9,089,770 B2)
`
`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
`
`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 May 31, 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.
`
`3
`
`
`
`
`
`IPR2016-00948 (Patent 8,641,525 B2)
`IPR2016-00949 (Patent 9,089,770 B2)
`
`
`PETITIONER:
`
`Joshua Harrison
`josh@bhiplaw.com
`
`Reynaldo Barcelo
`rey@bhiplaw.com
`
`
`
`PATENT OWNER:
`Ehab Samuel
`esamuel@manatt.com
`
`
`4
`
`
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