`571.272.7822
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` Paper 34
` Entered: July 26, 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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`SONY CORPORATION, SONY MOBILE COMMUNICATIONS (USA)
`INC., SONY MOBILE COMMUNICATIONS AB, and SONY MOBILE
`COMMUNICATIONS INC.,
`Petitioner,
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`v.
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`CREATIVE TECHNOLOGY LIMITED,
`Patent Owner.
`____________
`
`Case IPR2016-01407
`Patent 6,928,433
`____________
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`Before THOMAS L. GIANNETTI, PATRICK M. BOUCHER, and
`MELISSA A. HAAPALA, Administrative Patent Judges.
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`HAAPALA, Administrative Patent Judge.
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`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
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`IPR2016-01407
`Patent 6,928,433
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`The date set for oral hearing for this proceedings is August 29, 2017,
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`if hearing is requested by either party and granted by the Board. Paper 14.
`Both parties request oral hearing and express a preference for the hearing to
`be held at the location at which the most panel members can be present in-
`person. Papers 31, 32. The requests for oral hearing are granted.
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`The hearing will commence at 1 PM Mountain Daylight Time on
`August 29, 2017, in the Rocky Mountain Regional Office. The parties
`should report to the 14th floor of the Byron G. Rogers Building, 1961 Stout
`Street, Denver, Colorado. To facilitate planning, each party is asked to send
`an email message to Trials@uspto.gov five days prior to the hearing,
`indicating the number planning to attend the hearing for its side (attorneys
`and others).
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`Each side will have 45 minutes, total, to present its argument.
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`issue in this review are unpatentable. Accordingly, Petitioner will open the
`hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial. After Petitioner’s presentation, Patent Owner will
`respond to Petitioner’s argument. Petitioner may reserve time to respond to
`Patent Owner’s arguments. Patent Owner may not reserve time.
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`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. At
`least one member of the panel may attend the oral argument remotely by use
`of two-way audio-visual communication equipment. The hearing will be
`open to the public for in-person attendance that will be accommodated on a
`first-come, first-served basis. If the parties have any concern about
`disclosing confidential information, they are requested to contact the Board
`at least 10 days in advance of the hearing to discuss the matter.
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`IPR2016-01407
`Patent 6,928,433
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`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`The parties are further reminded that, under 37 C.F.R. § 42.70(b),
`demonstrative exhibits must be served at least seven (7) business days before
`the hearing date. The parties also shall provide a courtesy copy of any
`demonstrative exhibits to the Board at least five business days prior to the
`hearing by emailing them to Trials@uspto.gov. The parties shall not file
`any demonstrative exhibits in this proceeding without prior authorization
`from the Board. See 37 C.F.R. §§ 42.5(b), 42.70(b).
`The parties must meet and confer to discuss and resolve any
`objections to demonstrative exhibits. Any party with unresolved objections
`must file such objections with the Board at least two (2) business days
`before the hearing. The objections should identify with particularity which
`demonstrative exhibits are subject to objection, and include a short (one
`sentence or less) statement of the reason for each objection. No argument or
`further explanation is permitted. 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. Any objection
`to demonstrative exhibits that is not timely presented will be considered
`waived.
`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, 2015) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits. Demonstrative exhibits are not evidence
`and may not introduce new evidence or arguments. Instead, demonstrative
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`IPR2016-01407
`Patent 6,928,433
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`exhibits should cite to evidence in the record. 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 transcript.
`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 two (2) business days prior to the oral hearing 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 (5) days
`before the hearing directed to the above email address.
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`IPR2016-01407
`Patent 6,928,433
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`PETITIONER:
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`Randy Pritzker
`Michael Rader
`Robert Abrahamsen
`Andrew Tibbets
`WOLF GREENFIELD & SACKS, P.C.
`rpritzker-ptab@wolfgreenfield.com
`mrader-ptab@wolfgreenfield.com
`rabrahamsen-ptab@wolfgreenfield.com
`atibetts-ptab@wolfgreenfield.com
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`PATENT OWNER:
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`Jonathan Baker
`Gurtej Singh
`FARNEY DANIELS PC
`jbaker@farneydaniels.com
`tsingh@farneydaniels.com
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`Russ Swerdon
`CREATIVE LABS, INC.
`russ_swerdon@creativelabs.com
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