Trials@uspto.gov
`571-272-7822
`
`
`
`IPR2016-01790, Paper 25
`IPR2016-01974, Paper 17
`Entered: November 7, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AUTOLIV ASP, INC.; NIHON PLAST CO., LTD.;
`NEATON AUTO PRODUCTS MANUFACTURING, INC.;
`TAKATA CORPORATION; TK HOLDINGS INC.;
`TOYODA GOSEI CO., LTD.; HYUNDAI MOBIS CO., LTD.;
`MOBIS ALABAMA, LLC; and MOBIS PARTS AMERICA LLC,
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01790
`Case IPR2016-01794
`Patent 9,043,093 B2
`____________
`
`
`Before TREVOR M. JEFFERSON, JENNIFER MEYER CHAGNON, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`571-272-7822
`
`
`
`IPR2016-01790, Paper 25
`IPR2016-01974, Paper 17
`Entered: November 7, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AUTOLIV ASP, INC.; NIHON PLAST CO., LTD.;
`NEATON AUTO PRODUCTS MANUFACTURING, INC.;
`TAKATA CORPORATION; TK HOLDINGS INC.;
`TOYODA GOSEI CO., LTD.; HYUNDAI MOBIS CO., LTD.;
`MOBIS ALABAMA, LLC; and MOBIS PARTS AMERICA LLC,
`Petitioner,
`
`v.
`
`AMERICAN VEHICULAR SCIENCES, LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01790
`Case IPR2016-01794
`Patent 9,043,093 B2
`____________
`
`
`Before TREVOR M. JEFFERSON, JENNIFER MEYER CHAGNON, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`CHAGNON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2016-01790
`IPR2016-01794
`Patent 9,043,093 B2
`
`
`The Scheduling Order in each proceeding set December 6, 2017, as
`the date for oral argument, if requested by the parties and granted by the
`Board. IPR2016-01790, Paper 17; IPR2016-01794, Paper 8. Both parties
`requested oral hearing pursuant to 37 C.F.R. § 42.70. IPR2016-01790,
`Papers 23, 24; IPR2016-01794, Papers 14, 16. The requests for oral hearing
`are granted.
`The hearings will commence at 2:00 pm Eastern Time on
`December 6, 2017, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia. We will hold the hearing for
`IPR2016-01790 starting at 2:00 pm. Each party is allotted thirty (30)
`minutes total to present its case. This will be followed by a short break, after
`which we will hold a hearing for IPR2016-01794. Each party is allotted
`thirty (30) minutes total to present its case.
`The hearings will be open to the public via in-person attendance on a
`first-come, first-served basis. The Board will provide a court reporter for the
`hearings, and the reporter’s transcript will constitute the official records of
`the hearings.
`Petitioner will open each hearing by presenting its arguments
`regarding the challenged claims for which the Board instituted trial.
`Petitioner may reserve time for rebuttal arguments. Patent Owner will then
`respond to Petitioner’s arguments. Petitioner may then present rebuttal
`arguments. Patent Owner may not respond to Petitioner’s rebuttal
`arguments. No other arguments or motions may be presented.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days prior to the hearing. The parties shall confer with
`
`
`
`2
`
`
`
`IPR2016-01790
`IPR2016-01794
`Patent 9,043,093 B2
`
`each other regarding any objections to demonstrative exhibits, and file
`demonstrative exhibits with the Board at least two business days prior to the
`hearing. Each party also shall provide a hard copy of its demonstrative
`exhibits to the court reporter at the hearing. The parties are directed to
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014)
`(Paper 65), for guidance regarding the appropriate content of demonstrative
`exhibits.
`For any objections to demonstrative exhibits that cannot be resolved
`after conferring 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. As demonstrative exhibits are not themselves evidence, the Board
`asks the parties to confine demonstrative exhibit objections to those
`identifying egregious violations that are prejudicial to the administration of
`justice.
`The parties are reminded 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
`
`
`
`3
`
`
`
`IPR2016-01790
`IPR2016-01794
`Patent 9,043,093 B2
`
`reporter’s transcript. The parties should note that one member of the panel
`will be attending the hearing electronically from a remote location and that if
`a demonstrative exhibit is not filed or otherwise made fully available or
`visible to the judge presiding over the hearing remotely, that demonstrative
`exhibit will not be considered. The parties also should note that a panel
`member appearing remotely will not able to hear the parties unless they
`speak into the microphone at the podium. Documents presented on the Elmo
`projector may not be visible to remote judges, so please plan accordingly. 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.
`The Board expects lead counsel for each party to be present in person
`at the hearings, although any backup counsel may make the actual
`presentation, in whole or in part. If either party anticipates that its lead
`counsel will not be attending the oral arguments, that party should contact
`the Board by e-mail at Trials@uspto.gov no later than two days prior to the
`hearing to initiate a joint telephone conference with the other party and the
`Board to discuss the matter.
`The parties are reminded to direct their requests for audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`email address not less than five days before the hearing. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`
`4
`
`
`
`IPR2016-01790
`IPR2016-01794
`Patent 9,043,093 B2
`
`
`It is
`
`ORDER
`
`ORDERED that oral arguments for these proceedings shall take place
`beginning at 2:00 pm Eastern Time on December 6, 2017, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria.
`
`
`
`
`5
`
`
`
`IPR2016-01790
`IPR2016-01794
`Patent 9,043,093 B2
`
`PETITIONER:
`William H. Mandir
`John M. Bird
`Margaret M. Welsh
`SUGHRUE MION PLLC
`wmandir@sughrue.com
`jbird@sughrue.com
`mwelsh@sughrue.com
`
`Siraj Abhyankar
`Keith E. Broyles
`Wes Achey
`ALSTON & BIRD
`shri.abhyankar@alston.com
`keith.broyles@alston.com
`wes.achey@alston.com
`
`Irfan A. Lateef
`Brian C. Claassen
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2ial@knobbe.com
`2bcc@knobbe.com
`
`William H. Oldach
`VORYS, SATER, SEYMOUR AND PEASE LLP
`wholdach@vorys.com
`
`Daniel N. Yannuzzi
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`dyannuzzi@sheppardmullin.com
`
`
`PATENT OWNER:
`Dr. Gregory J. Gonsalves
`gonsalves@gonsalveslawfirm.com
`
`Christopher Casieri
`MCNEELY, HALE & WAR LLP
`chris@miplaw.com
`
`
`
`6
`
`
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