`571-272-7822
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` Paper No. 82
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`Entered: October 2, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`RUBICON COMMUNICATIONS, LP,
`Petitioner,
`
`v.
`
`LEGO A/S,
`Patent Owner.
`____________
`
`Case IPR2016-01187
`Patent 8,894,066 B2
`____________
`
`Before SCOTT A. DANIELS, NEIL T. POWELL, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
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`IPR2016-01187
`Patent 8,894,066 B2
`Petitioner and Patent Owner requested a hearing in this proceeding,
`pursuant to 37 C.F.R. § 42.70(a). See Papers 77, 78.
`The parties’ requests for a hearing are granted. The hearing will
`commence at 1:00 p.m. Eastern Time on October 11, 2017. Petitioner will
`have 30 minutes of total argument time. Patent Owner will also have 30
`minutes of total argument time. The parties may use their allotted argument
`time as they choose, provided that the order of arguments presented will be
`as follows.
`Because Petitioner bears the ultimate burden of proof (see 35 U.S.C.
`§ 316(e)), Petitioner will proceed first to present its case with regard to the
`challenged claims on which basis we instituted trial. Thereafter, Patent
`Owner may respond to Petitioner’s arguments. Subsequently, Petitioner
`may use any unused portion of its 30 minutes to respond to Patent Owner’s
`arguments.
`The hearing will be open to the public for in-person attendance on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance at the hearing will be accommodated on a
`first-come, first-served basis. If the parties have any concern about
`disclosing confidential information, they are to contact the Board no later
`than two days prior to the hearing to discuss the matter. The Board will
`provide a court reporter for the hearing, and the reporter’s transcripts will
`constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. The parties shall confer with each
`other regarding any objections to demonstrative exhibits in each proceeding,
`and email demonstrative exhibits to the Board at least two business days
`prior to the hearing. For any issue that cannot be resolved after conferring
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`IPR2016-01187
`
`Patent 8,894,066 B2
`with the opposing party, the parties may file jointly a one-page list of
`objections at least two business days prior to the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one sentence) of the
`reason for each objection. No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call if necessary.
`Otherwise, we will reserve ruling on the objections until the hearing or after
`the hearing. Any objection to demonstrative exhibits that is not presented
`timely will be considered waived.
`Demonstrative exhibits are not evidence, but merely a visual aid for
`use at the hearing. Demonstrative exhibits may not introduce new evidence
`or arguments. Instead, demonstrative exhibits should cite to evidence
`already in the record. The parties are directed to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB
`Oct. 23, 2013) (Paper 118), regarding the appropriate content of
`demonstrative exhibits. The parties are reminded that the 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 transcripts. The parties also should note that at
`least one member of the panel will be attending the hearing electronically
`from a remote location.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearing, although any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for a party will not be in
`attendance at the hearing, the Board should be notified via a joint conference
`call no later than two days prior to the hearing to discuss the matter.
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`IPR2016-01187
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`Patent 8,894,066 B2
`Requests for audio-visual equipment at the hearing are to be made
`five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the day of the hearing. Further, 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.
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`IPR2016-01187
`Patent 8,894,066 B2
`PETITIONER:
`Dean Munyon
`Anthony Petro
`Chris Thompson
`Ryan Beard
`Eric B. Meyertons
`Brian Mangum
`Geoffrey Heaven
`MEYERTONS, HOOD, KIVLIN, KOWERT & GOETZEL, P.C.
`dmunyon@intprop.com
`tpetro@intprop.com
`cthompson@intprop.com
`rtbpto@intprop.com
`emeyertons@intprop.com
`bmangum@intprop.com
`gheaven@intprop.com
`
`
`PATENT OWNER:
`Andrew Riddles
`Elizabeth Alquist
`Howard Grossman
`DAY PITNEY LLP
`ariddles@daypitney.com
`eaalquist@daypitney.com
`hgrossman@daypitney.com
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