Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 59
`Entered: December 14, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`REACTIVE SURFACES LTD., LLP,
`Petitioner,
`v.
`TOYOTA MOTOR CORPORATION,
`Patent Owner.
`
`Case IPR2016-01914
`Patent 8,394,618 B2
`
`
`
`
`
`
`
`
`
`Before CHRISTOPHER M. KAISER, JEFFREY W. ABRAHAM, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`KAISER, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`Tel: 571-272-7822
`
`Paper 59
`Entered: December 14, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`REACTIVE SURFACES LTD., LLP,
`Petitioner,
`v.
`TOYOTA MOTOR CORPORATION,
`Patent Owner.
`
`Case IPR2016-01914
`Patent 8,394,618 B2
`
`
`
`
`
`
`
`
`
`Before CHRISTOPHER M. KAISER, JEFFREY W. ABRAHAM, and
`MICHELLE N. ANKENBRAND, Administrative Patent Judges.
`KAISER, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2016-01914
`Patent 8,394,618 B2
`Reactive Surfaces Ltd. LLP (“Petitioner”) and Toyota Motor
`Corporation (“Patent Owner”) each request oral hearing pursuant to
`37 C.F.R. § 42.70. Paper 48; Paper 58. We hereby grant the requests for
`oral hearing. Oral argument shall commence at 1:00 pm Eastern Time on
`January 9, 2018, on the 9th floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia.
`Petitioner requests “45 minutes of time for Petitioner’s oral argument
`and rebuttal in this proceeding,” and Patent Owner requests that “each side
`be allowed 30-45 minutes in which to present its arguments.” Paper 48, 2;
`Paper 58, 3. Each party shall have 45 minutes of total time to present
`arguments. Petitioner bears the ultimate burden of proof that the claims at
`issue are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its case regarding the challenged claims on which the Board
`instituted trial. Patent Owner then will have the entirety of its allotted time
`to respond to Petitioner’s presentation. Petitioner may reserve rebuttal time
`to respond to Patent Owner’s arguments only.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis.
`The parties shall serve on opposing counsel demonstrative exhibits no
`later than January 3, 2018. The parties also shall provide the demonstrative
`exhibits to the Board at least three 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
`
`2
`
`
`
`IPR2016-01914
`Patent 8,394,618 B2
`the Board. A hard copy of the demonstrative exhibits should be provided to
`the court reporter at the hearing.
`We remind the parties that demonstrative exhibits are not evidence,
`but are intended to assist the parties in presenting their oral arguments to the
`Board. We also remind the parties that demonstrative exhibits are not a
`mechanism for making arguments not previously addressed in the papers.
`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, which must include citations to the
`record.
`To the extent that the parties object to the propriety of any
`demonstrative exhibits, we expect the parties will meet and confer in good
`faith to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved, the parties may file objections to demonstratives with
`the Board at least two business days before the hearing. The objections
`should identify with particularity the portions of each demonstrative exhibit
`subject to objection, include a copy of the objected-to portions, and include a
`one-sentence statement of the reason for each objection. No further
`argument or explanation is permitted. We will consider any objections and
`schedule a conference call if deemed necessary. Otherwise, we will reserve
`ruling on the objections. Any objection to demonstrative exhibits that is not
`timely presented will be considered waived.
`At least one member of the panel will be attending the hearing
`electronically from a remote location and may not be able to view the
`projection screen in the hearing room. In particular, documents presented on
`
`3
`
`
`
`IPR2016-01914
`Patent 8,394,618 B2
`the Elmo projector are not visible to remote judges, so please plan
`accordingly. If a demonstrative exhibit is not made available or visible to
`the judge(s) presiding over the hearing remotely, that demonstrative will not
`be considered. 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 and for
`the benefit of the judge(s) presiding over the hearing remotely. Because of
`limitations of the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room lectern.
`No live witness testimony shall be taken at the oral argument. 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 business days prior to the oral hearing to discuss the
`matter.
`Any requests for audiovisual equipment should be directed to
`Trials@uspto.gov. Requests for equipment will not be honored unless
`presented in a separate communication not less than three business days
`before the hearing, directed to the above email address.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2016-01914
`Patent 8,394,618 B2
`It is
`ORDERED that the parties’ requests for oral hearing are granted
`subject to the conditions set forth in this Order; and
`FURTHER ORDERED that an oral hearing, conducted pursuant to
`the procedures outlined above, shall commence at 1:00 PM Eastern Time on
`January 9, 2018.
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2016-01914
`Patent 8,394,618 B2
`
`PETITIONER:
`
`David O. Simmons
`IVC PATENT AGENCY
`dsimmons1@sbcglobal.net
`
`Jonathan D. Hurt
`MCDANIEL & ASSOCIATES, PC
`jhurt@technologylitigators.com
`
`Mark A.J. Fassold
`Jorge Mares
`WATTS GUERRA LLP
`mfassold@wattsguerra.com
`jmares@wattsguerra.com
`ReactiveSurfaces@wattsguerra.com
`
`Rico Reyes
`RICO REYES LAW
`rico@ricoreyeslaw.com
`
`
`
`PATENT OWNER:
`
`Joshua A. Lorentz
`Richard Schabowsky
`John D. Luken
`Oleg Khariton
`DINSMORE & SHOHL LLP
`joshua.lorentz@dinsmore.com
`richard.schabowsky@dinsmore.com
`john.luken@dinsmore.com
`oleg.khariton@dinsmore.com
`
`
`6
`
`
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