Trials@uspto.gov
`571-272-7822
`
`
`Paper No. 37
`Entered: January 16, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COMCAST CABLE COMMUNICATIONS, LLC,
`Petitioner,
`
`v.
`
`ROVI GUIDES, INC.,
`Patent Owner.
`____________
`
`Case No.: IPR2017-00217
`Patent 7,996,864 B2
`____________
`
`
`Before JENNIFER S. BISK, BARBARA A. BENOIT, and TERRENCE W.
`McMILLIN, Administrative Patent Judges.
`
`McMILLIN, Administrative Patent Judge.
`
`
`
`ORDER
`ORAL ARGUMENT
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`571-272-7822
`
`
`Paper No. 37
`Entered: January 16, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`COMCAST CABLE COMMUNICATIONS, LLC,
`Petitioner,
`
`v.
`
`ROVI GUIDES, INC.,
`Patent Owner.
`____________
`
`Case No.: IPR2017-00217
`Patent 7,996,864 B2
`____________
`
`
`Before JENNIFER S. BISK, BARBARA A. BENOIT, and TERRENCE W.
`McMILLIN, Administrative Patent Judges.
`
`McMILLIN, Administrative Patent Judge.
`
`
`
`ORDER
`ORAL ARGUMENT
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2017-00217
`Patent 7,996,864 B2
`
`
`Both parties made timely requests for oral argument pursuant to 37
`C.F.R. § 42.70. Papers 33, 36. The requests are granted.
`The oral argument will commence at 1:00 PM Eastern Time, on
`February 7, 2018, and will be conducted at the USPTO Madison Building,
`9th Floor East Wing, 600 Dulany Street, Alexandria, Virginia. The oral
`argument will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-serve basis. If the parties have any
`concern about disclosing confidential information, they are requested to
`contact the Board at least 7 days in advance of the oral argument to discuss
`the matter.
`Each party will have 60 minutes to present its arguments, for a total of
`120 minutes. Because Petitioner bears the ultimate burden of proof that the
`challenged claims are unpatentable, Petitioner will proceed first to present its
`case as to the challenged claims and grounds on which the Board instituted
`trial. Thereafter, Patent Owner will respond to Petitioner’s case. Petitioner
`may reserve some of its argument time for use in further presentation after
`Patent Owner has responded to Petitioner’s initial presentation. No live
`testimony from any witness will be taken at the oral argument.
`The Board expects lead counsel for each party to be present at oral
`argument, although any backup counsel may make the actual presentation, in
`whole or in part. If lead counsel for either party will not be in attendance at
`oral argument, the Board should be notified via a joint telephone conference
`call no later than two business days prior to the oral argument to discuss the
`matter.
`
`
`
`2
`
`
`
`IPR2017-00217
`Patent 7,996,864 B2
`
`
`The Board will provide a court reporter for the oral argument and the
`reporter’s transcript will constitute the official record of the oral argument.
`The oral argument transcript will be entered in the record of this proceeding.
`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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the oral argument date. At least three
`business days before the oral argument, each of the parties shall file in the
`proceedings any demonstrative exhibits by filing as a single exhibit its set of
`demonstrative exhibits for oral argument.1
`The parties must file any objections to the demonstratives with the
`Board at least two business days before the oral argument. 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 (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. 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
`
`
`1 The demonstrative exhibits are not evidence and will not considered as
`evidence unless otherwise ordered.
`
`
`
`3
`
`
`
`IPR2017-00217
`Patent 7,996,864 B2
`
`demonstrative exhibits. See also CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118)
`(The Board has the discretion to limit the parties’ demonstratives to pages in
`the record should there be no easy resolution to objections over
`demonstratives.).
`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 oral argument to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that one or more panel
`members will be attending the oral argument electronically and will only
`have access to the demonstratives provided in advance, as referenced above.
`Requests for audio-visual equipment are to be made 5 days in advance
`of the oral argument date. The request is to be sent to Trials@uspto.gov. If
`the request is not received timely, the equipment may not be available on the
`day of the oral argument.
`
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2017-00217
`Patent 7,996,864 B2
`
`PETITIONER:
`Frederic M. Meeker
`Bradley C. Wright
`Craig W. Kronenthal
`Scott M. Kelly
`BANNNER & WITCOFF, LTD
`fmeeker@bannerwitcoff.com
`bwright@bannerwitcoff.com
`ckronenthal@bannerwitcoff.com
`skelly@bannerwitcoff.com
`
`PATENT OWNER:
`Mark D. Rowland
`Gabrielle E. Higgins
`James R. Batchelder
`Josef B. Schenker
`ROPES & GRAY LLP
`Mark.Rowland@ropesgray.com
`Gabrielle.Higgins@ropesgray.com
`James.Batchelder@ropesgray.com
`Josef.Schenker@ropesgray.com
`
`
`
`
`5
`
`
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