`Tel: 571.272.7822
`
`
`Paper 25
`Entered: January 12, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ZTE (USA) INC., ZTE CORPORATION,
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`v.
`PAPST LICENSING GMBH & CO. KG,
`Patent Owner.
`____________
`
`Case IPR2017-007141
`Patent 6,470,399 B1
`____________
`
`
`
`Before JONI Y. CHANG, JENNIFER S. BISK, and JAMES B. ARPIN,
`Administrative Patent Judges.
`
`
`CHANG, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`1 Case IPR2017-01808 has been joined with this proceeding.
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`
`We instituted inter partes review in this proceeding on June 21, 2017
`(Paper 10) and set the oral hearing date to February 12, 2018 (Paper 11, 6).
`Pursuant to 37 C.F.R. § 42.70, Patent Owner requests an oral hearing,
`requesting a telephonic argument, as overlapping issues were addressed in
`prior oral hearings in several related cases. Paper 24. Petitioner did not file
`a paper requesting oral hearing. Patent Owner’s request is granted.
`A telephonic oral hearing will commence at 1:00 PM ET, on
`February 13, 2018. The oral hearing date is changed from February 12,
`2018, to February 13, 2018, for efficiency.
`The Board will forward the dial-in information prior to the oral
`hearing via electronic mail. The Board also will provide a court reporter for
`the hearing, and the reporter’s transcript will constitute the official record of
`the hearing. As proposed by Patent Owner, each party will have twenty
`minutes of total time to present arguments.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue are unpatentable. Therefore, at oral hearing Petitioner will
`proceed first to present its case with respect to the challenged claims and
`grounds, on which the Board instituted the inter partes review. Thereafter,
`Patent Owner will respond to Petitioner’s case. After that, Petitioner may
`make use of any remainder of its time to address Patent Owner’s responsive
`presentation.
`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
`each other regarding any objections to demonstrative exhibits, and filed
`demonstrative exhibits with the Board, as a separate exhibit in accordance
`with 37 C.F.R. § 42.63, at least five business days prior to the hearing.
`
`2
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`Demonstrative exhibits are not evidence, but merely a visual aid for use
`during the oral hearing. For any issue that cannot be resolved after
`conferring with the opposing party, the parties may file jointly a one-page
`list of objections at least five 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.
`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 hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The Board expects lead counsel for each party to be on
`the telephone call for the oral hearing, although any backup counsel may
`make the actual presentation, in whole or in part. If lead counsel for either
`party is unable to participate in the telephonic oral hearing, the Board should
`be notified via a joint telephone conference call no later than five business
`days prior to the oral hearing to discuss the matter.
`
`
`
`3
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`For PETITIONER:
`
`Carrier Beyer
`Nikola Colic
`Brian Rupp
`DRINKER BIDDLE & REATH LLP
`carrier.beyer@dbr.com
`nick.colic@dbr.com
`brian.rupp@dbr.com
`
`Dion Bregman
`Andrew Devkar
`MORGAN, LEWIS & BOCKIUS LLP
`dion.bregman@morganlewis.com
`andrew.devkar@morganlewis.com
`
`Scott Miller
`Darren Franklin
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`smiller@sheppardmullin.com
`dfranklin@sheppardmullin.com
`
`For PATENT OWNER:
`
`Nicholas Peters
`Paul Henkelmann
`Joseph Marinelli
`Nicole Little
`FITCH, EVEN, TABIN & FLANNERY, LLP
`ntpete@fitcheven.com
`phenkelmann@fitcheven.com
`jmarinelli@fitcheven.com
`nlittle@fitcheven.com
`
`Anthony Meola
`SCHMEISER, OLSEN & WATTS, LLP
`ameola@iplawusa.com
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
