`571-272-7822
`
`
`
`
`
`
`Paper 42
`
`Entered: January 9, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`VALVE CORPORATION,
`Petitioner,
`
`v.
`
`IRONBURG INVENTIONS LTD.,
`Patent Owner.
`____________
`
`Cases1
`IPR2017-00136 (Patent 8,641,525 B2)
`IPR2017-00137 (Patent 9,089,770 B2)
`
`
`
`
`
`
`
`
`
`Before PHILLIP J. KAUFFMAN, MEREDITH C. PETRAVICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`
`KAUFFMAN, Administrative Patent Judge.
`
`
`
`
`Conduct of the Proceeding
`37 C.F.R. § 42.5
`
`
`1 We use this caption to indicate that this Decision applies to, and is entered
`in, each case. The parties are not authorized to use this type of caption.
`
`
`
`Case IPR2017-00136 (Patent 8,641,525 B2)
`Case IPR2017-00137 (Patent 9,089,770 B2)
`
`
`The final document needed to decide the request for rehearing in
`related IPR2016-00948 was entered on January 8, 2018. We may now
`decide that request and the Motion to Terminate the cases at hand. In light
`of this, is it necessary to postpone the hearing a second time.
`The hearing will commence at 9:00 AM ET on Thursday,
`February 1, 2018, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. See Papers 13 (Scheduling Order), 28
`(Petitioner’s Request), 31 (Patent Owner’s Request).2 If the new hearing
`date presents a problem for either party, the parties must confer and present
`in a conference call with the Board on or before January 16, 2018, two
`agreed upon alternative dates for the hearing between February 5 and
`February 9, 2018.
`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.
`Each party will have 45 minutes of argument time. Petitioner bears
`the ultimate burden of proof that Patent Owner’s claims at issue in this
`review are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its arguments regarding the challenged claims for which the
`Board instituted trial for both cases. Patent Owner then will respond to
`Petitioner’s arguments. Petitioner may reserve time to respond to arguments
`presented by Patent Owner. Patent Owner may not reserve time.
`
`
`2 Unless otherwise noted, we reference the papers of IPR2017-00136. The
`other proceeding contains similar papers.
`
`2
`
`
`
`Case IPR2017-00136 (Patent 8,641,525 B2)
`Case IPR2017-00137 (Patent 9,089,770 B2)
`
`
`The parties are reminded that the demonstrative exhibits must be
`served and filed in accordance with 37 C.F.R. § 42.70(b).
`The Board asks that the parties attempt to resolve objections to the
`demonstratives, and if any objections cannot be resolved, the parties must
`file those objections with the Board no later than January 29, 2018. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived. The objections should identify with particularity which
`demonstratives are subject to objection, and include a short statement of the
`reason for each objection. 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. 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,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`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 January 29, 2018, 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 days before
`the hearing directed to the above email address.
`
`
`
`3
`
`
`
`Case IPR2017-00136 (Patent 8,641,525 B2)
`Case IPR2017-00137 (Patent 9,089,770 B2)
`
`PETITIONER:
`
`Joshua Harrison
`Reynaldo Barcelo
`BARCELÓ, HARRISON & WALKER, LLP
`josh@bhiplaw.com
`rey@bhiplaw.com
`
`
`PATENT OWNER:
`
`
`Robert Becker
`Ehab M. Samuel
`Yasser El-Gamal
`MANATT, PHELPS & PHILLIPS, LLP
`RBecker@manatt.com
`ESamuel-PTAB@manatt.com
`YElGamal@manatt.com
`
`
`4
`
`
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