`Trials@uspto.gov
`571-272-7822
`
`
`
`Paper 30
`Entered: June 23, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`GENERAL ELECTRIC COMPANY,
`Petitioner,
`
`v.
`
`UNITED TECHNOLOGIES CORPORATION,
`Patent Owner.
`____________
`
`Cases1
`IPR2016-00862 (Patent 8,689,568 B2)
`IPR2016-00952 (Patent 9,121,412 B2)
`____________
`
`
`
`Before HYUN J. JUNG, SCOTT A. DANIELS, and
`GEORGE R. HOSKINS, Administrative Patent Judges.
`
`HOSKINS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 We exercise our discretion to issue one order to be entered in each case.
`The parties are not authorized to use a caption identifying multiple
`proceedings.
`
`
`
`
`
`IPR2016-00862 (Patent 8,689,568 B2)
`IPR2016-00952 (Patent 9,121,412 B2)
`
`
`The parties have requested oral argument pursuant to 37 C.F.R.
`§ 42.70. See IPR2016-00862, Papers 18, 19; IPR2016-00952, Papers 26, 27.
`The requests are granted. We leave it to the parties’ discretion whether to
`present their arguments in each of these cases separately or together, and the
`parties will inform the panel at the hearing how the cases will be presented.
`If arguments are presented together, only one transcript will be provided for
`both proceedings.
`The hearing will commence at 1:00 p.m. Eastern Time on July 24,
`2017, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia 22314. The hearing will be open to the public for
`in-person attendance, and in-person attendance will be accommodated on a
`first-come, first-served basis. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`Each party will have 60 minutes of total argument time for both cases.
`Petitioner bears the ultimate burden of proof that the claims at issue in these
`reviews are unpatentable. Therefore, at the hearing, Petitioner will proceed
`first to present its arguments either separately or together on the asserted
`grounds of unpatentability on which we instituted trial in these cases.
`Petitioner may reserve rebuttal time. Thereafter, Patent Owner will argue its
`opposition to Petitioner’s case separately, if the parties agree to such a
`presentation, or together, if the parties agree to present their cases together.
`Petitioner may then use any time Petitioner reserved to rebut Patent Owner’s
`opposition.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing. The parties may refer to CBS
`
`2
`
`
`
`IPR2016-00862 (Patent 8,689,568 B2)
`IPR2016-00952 (Patent 9,121,412 B2)
`
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB
`Oct. 23, 2013) (Paper 118), regarding the appropriate content of
`demonstrative exhibits. The parties shall meet and confer to discuss any
`objections to demonstrative exhibits. The parties shall file their
`demonstratives with the Board via e-mail communication to
`Trials@uspto.gov, and not by filing the demonstratives into the official
`record of the proceedings via the Board’s electronic filing system, at least
`three business days before the hearing. If any issues regarding
`demonstratives remain unresolved after the parties meet and confer, the
`parties shall file jointly a one-page list of objections to the demonstrative
`exhibits at least three business days before the hearing. For each objection,
`the list must identify with particularity the demonstratives subject to the
`objection and include a short, one-sentence statement explaining the
`objection. The panel will consider the objections and schedule a conference
`call if necessary. Otherwise, rulings on the objections will be reserved until
`the hearing or after the hearing. Any objection to demonstrative exhibits not
`presented timely will be considered waived. The parties are reminded that
`the demonstrative exhibits presented in this case are not evidence and are
`intended only to assist the parties in presenting their oral argument to the
`panel.
`Each party shall provide a hard copy of its demonstratives to the court
`reporter at the hearing. At least one judge may be participating remotely via
`a videoconferencing device and will not be able to view the projection
`screen in the hearing room. Consequently, the parties are reminded that the
`presenter must identify clearly and specifically each demonstrative exhibit
`
`3
`
`
`
`IPR2016-00862 (Patent 8,689,568 B2)
`IPR2016-00952 (Patent 9,121,412 B2)
`
`(e.g., by slide or screen number) referenced during the hearing to ensure the
`clarity and accuracy of the transcript.
`The Board expects lead counsel for each party to be present in person
`at the hearing. Lead or backup counsel, however, may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`attending the hearing, that party should initiate a joint telephone conference
`with the other party and the panel no later than three business days prior to
`the hearing to discuss the matter.
`Requests for audio-visual equipment are to be made five business
`days in advance of the hearing date. The request is to be sent to
`Trials@uspto.gov. If the request is not received timely, the equipment may
`not be available on the day of the hearing.
`It is:
`ORDERED that oral argument will commence at 1:00 p.m. Eastern
`Time on July 24, 2017 in Alexandria, Virginia.
`
`4
`
`
`
`IPR2016-00862 (Patent 8,689,568 B2)
`IPR2016-00952 (Patent 9,121,412 B2)
`
`PETITIONER:
`
`Anish Desai
`Brian Ferguson
`Christopher Pepe
`WEIL, GOTSHAL & MANGES LLP
`anish.desai@weil.com
`brian.ferguson@weil.com
`christopher.pepe@weil.com
`
`
`PATENT OWNER:
`
`M. Andrew Holtman
`Jason E. Stach
`Jeffrey C. Totten
`James D. Stein
`Daniel C. Cooley
`Patrick J. Coyne
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`andy.holtman@finnegan.com
`jason.stach@finnegan.com
`jeffrey.totten@finnegan.com
`james.stein@finnegan.com
`daniel.cooley@finnegan.com
`patrick.coine@finnegan.com
`
`
`5
`
`
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