`Tel: 571.272.7822
`
`Paper 27
`Entered: January 31, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`
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`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`IMAGE PROCESSING TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Cases IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00353 (Patent 8,983,134 B2)1
`____________
`
`
`
`Before JONI Y. CHANG, MICHAEL R. ZECHER, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70(a)
`
`
`1 This Order addresses the same issues for the above-identified cases. We,
`therefore, exercise our discretion to issue one order to be filed in each case.
`The parties, however, are not authorized to use this style heading in any
`subsequent papers.
`
`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`
`
`In each of the above-identified proceedings, we instituted inter partes
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`review (Paper 152) and issued a Scheduling Order (Paper 16), which sets an
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`oral hearing date to February 21, 2018, if oral hearing is requested by either
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`party and granted by the Board. Pursuant to 37 C.F.R. § 42.70, the parties
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`requested an oral hearing in each case. Papers 25, 26. The requests are
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`granted.
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`The hearing for both cases will commence at 1:00 PM Eastern Time,
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`on February 21, 2018, and will be conducted at the USPTO Headquarters,
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`Ninth Floor of Madison Building East, 600 Dulany Street, Alexandria,
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`Virginia, 22314.3 The hearings will be open to the public for in-person
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`attendance that will be accommodated on a first-come first-served basis.
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`The parties shall address both proceedings together at the hearing.
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`Each party will have forty-five (45) minutes of total time to present
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`arguments for both proceedings. Because Petitioner bears the ultimate
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`burden of proof that the challenged claims are unpatentable, Petitioner will
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`proceed first to present its case as to the challenged claims and instituted
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`grounds of unpatentability in both proceedings, and may reserve a small
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`portion of its time for rebuttal. Thereafter, Patent Owner will respond to
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`Petitioner’s case. After that, Petitioner may use the rest of its time for its
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`rebuttal, responding to Patent Owner’s specific arguments presented at the
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`oral hearing. No live testimony from any witness will be taken at the oral
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`hearing.
`
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`2 Citations refer to IPR2017-00336, as representative.
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`3 See https://www.uspto.gov/about-us/uspto-locations/alexandria-virginia-
`headquarters for additional information.
`
`2
`
`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
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`least seven business days prior to the hearing. The parties shall confer with
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`each other regarding any objections to demonstrative exhibits, and file
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`demonstrative exhibits with the Board, as a separate exhibit in accordance
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`with 37 C.F.R. § 42.63, at least five business days prior to the hearing.
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`Demonstrative exhibits are not evidence, but merely a visual aid at the
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`oral hearing. The Board expects the parties will meet and confer in good
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`faith to resolve any objections to demonstrative exhibits. For any issue that
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`cannot be resolved after conferring with the opposing party, the parties may
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`email jointly to Trials@uspto.gov a one-page list of objections at least five
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`business days prior to the hearing. The list should identify with particularity
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`which demonstrative exhibits are subject to objection and include a short
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`statement (no more than one short sentence) of the reason for each objection.
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`No argument or further explanation is permitted.
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`We will consider the objections and schedule a conference call, if
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`necessary. Otherwise, we will reserve ruling on the objections until the
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`hearing or after the hearing. Any objection to demonstrative exhibits that is
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`not presented timely will be considered waived. Each party also shall
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`provide a hard copy of its demonstrative exhibits to the court reporter at the
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`hearing.
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`The parties are reminded that the presenter must identify clearly and
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`specifically each demonstrative exhibit (e.g., by slide or screen number)
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`referenced during each hearing to ensure the clarity and accuracy of the
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`reporter’s transcript. The parties also should note that Judge Jessica Kaiser
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`will be attending electronically and will only have access to the courtesy
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`copy of the demonstratives provided in advance, as referenced above. If a
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`3
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`
`
`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`
`demonstrative is not made available to the Board in the manner indicated
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`above, that demonstrative may not be available to each of the judges during
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`the hearing and may not be considered. Further, images projected, using
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`audio visual equipment in Alexandria, will not be visible to Judge Kaiser.
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`Because of limitations on the audio transmission systems in our hearing
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`rooms, the presenter may speak only when standing at the hearing room
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`podium. If the parties have questions as to whether demonstrative exhibits
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`would be sufficiently visible and available to all of the judges, the parties are
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`invited to contact the Board at (571) 272-9797.
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`
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`The Board expects lead counsel for each party to be present at the oral
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`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If lead counsel for either party is unable to attend the oral
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`hearing, the Board should be notified via a joint telephone conference call no
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`later than five business days prior to the oral hearing to discuss the matter.
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`The Board will provide a court reporter, and the reporter’s transcript
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`will constitute the official record of the hearing. The consolidated hearing
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`transcript will be entered in the record of the proceedings.
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`Requests for audio-visual equipment at the hearing are to be made
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`five days in advance of the hearing date. The requests must be sent to
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`Trials@uspto.gov. If the requests are not received timely, equipment may
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`not be available on the day of the hearing.
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`
`4
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`
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`IPR2017-00336 (Patent 6,959,293 B2)
`IPR2017-00353 (Patent 8,983,134 B2)
`
`For PETITIONER:
`
`John Kappos
`Marc Pensabene
`Nicholas Whilt
`Brian Cook
`O’MELVENY & MYERS LLP
`jkappos@omm.com
`mpensabene@omm.com
`nwhilt@omm.com
`bcook@omm.com
`crowland@omm.com
`iptsamsungomm@omm.com
`
`
`For PATENT OWNER:
`
`Chris Coulson
`Michael Zachary
`Mark Chapman
`Rose Cordero Prey
`ANDREWS KURTH KENYON LLP
`chriscoulson@andrewskurthkenyon.com
`michaelzachary@andrewskurthkenyon.com
`markchapman@andrewskurthkenyon.com
`roseprey@andrewskurthkenyon.com
`
`
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`5
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`