`571-272-7822
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`Paper No. 16
`Entered:
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`DANIEL L. FLAMM,
`Patent Owner.
`
`
`Case IPR2016-01512
`Patent RE40,264 E
`
`
`
`
`
`
`
`
`
`Before MICHAEL R. ZECHER, CHRISTOPHER L. CRUMBLEY, and
`JO-ANNE M KOKOSKI, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
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`IPR2016-01512
`Patent RE40,264 E
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`On February 14, 2017, we instituted an inter partes review as to claims
`27, 31, 32, 34, 37, 40, 41, 44, 47, 48, and 50 of U.S. Patent No. RE40,264 E.
`Paper 6. Both parties request oral argument for this proceeding pursuant to 37
`C.F.R. § 42.70(a). Papers 14, 15. The parties’ requests are granted.
`Petitioner, Samsung Electronics Co., Ltd. (“Samsung”), requests thirty (30)
`minutes, in total, to present oral arguments. Paper 15, 2. Patent Owner, Daniel L.
`Flamm (“Flamm”), does not request a specific amount of oral argument time.
`Paper 14, 2. We have reviewed the issues that the parties intend to address for
`each proceeding, and we agree with Samsung that each party should be accorded
`30 minutes of total time to present oral arguments.
`Samsung bears the ultimate burden of proof that the challenged claims are
`unpatentable based on the grounds of unpatentability (“grounds”) instituted in this
`proceeding. 35 U.S.C. § 316(e) (stating “the petitioner shall have the burden of
`proving a proposition of unpatentability by a preponderance of the evidence”).
`Consequently, Samsung will proceed first to present its case as to the challenged
`claims and the grounds instituted in this proceeding. Samsung may reserve
`rebuttal time. Thereafter, Flamm will respond to Samsung’s case. Samsung then
`will make use of its rebuttal time to respond to Flamm’s case.
`
`The hearing will commence at 9:00AM Eastern Time on Thursday, October
`12, 2017, and it will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia (Hearing
`Room B). In-person attendance will be accommodated on a first-come first-serve
`basis. The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing.
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits must be served no
`later than seven (7) business days before the hearing date. They shall be filed with
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`2
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`IPR2016-01512
`Patent RE40,264 E
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`the Board no later than the time of the hearing. Demonstrative exhibits are not
`evidence, but merely a visual aid for use at the hearing. Demonstrative exhibits
`shall not introduce new arguments or evidence. The parties must initiate a
`conference call with us at least two (2) business days prior to the hearing date to
`resolve any dispute over the propriety of each party’s demonstrative exhibits.
`Regardless of whether the propriety of any demonstrative exhibit is disputed by
`either party, we consider demonstrative exhibits only to the extent (1) that they
`elucidate the parties’ arguments presented during the hearing; and (2) that they
`include only arguments and/or evidence already of record in this proceeding. For
`further guidance on what constitutes an appropriate demonstrative exhibit, the
`parties are directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118). We take this opportunity
`to remind the parties that each 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 at the hearing;
`however, any backup counsel may make the actual presentation, in whole or in
`part. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758 (Aug.
`14, 2012). If lead counsel for either party is unable to attend the hearing, the
`parties shall request a joint telephone conference call no later than two (2) business
`days prior to the hearing date to discuss the matter.
`Requests for special accommodations or audio-visual equipment are to be
`made at least five (5) business days in advance of the hearing date. Such requests
`must be sent to Trials@uspto.gov. If the requests are not received timely,
`requested accommodations and/or equipment may not be available on the day of
`the hearing.
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`3
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`IPR2016-01512
`Patent RE40,264 E
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`PETITIONER:
`Naveen Modi
`Joseph E. Palys
`Chetan R. Bansal
`PAUL HASTINGS LLP
`PH-Samsung-Flamm-IPR@paulhastings.com
`
`
`PATENT OWNER:
`
`Christopher Frerking
`chris@ntknet.com
`
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`4
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