`571-272-7822
`
`
`
`
`
`
`Paper 29
`Entered: February 14, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`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
`Conduct of Proceeding and Expunging Demonstrative Exhibits
`37 C.F.R. §§ 42.5 and 42.7(a)
`
`
`
`
`1 Case IPR2017-01808 has been joined with this proceeding.
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`
`In our prior Order, we stated that “[t]he parties shall . . . file
`demonstrative exhibits with the Board, as a separate exhibit in accordance
`with 37 C.F.R. § 42.63.” Paper 29, 2−3. Under 37 C.F.R. § 42.63(c),
`“[e]ach party’s exhibits must be uniquely numbered sequentially in a range
`the Board specifies,” and “for the patent owner, the range is 2001−2999.”
`Moreover, 37 C.F.R. § 42.63(e) requires each party to “maintain an exhibit
`list with the exhibit number and a brief description of each exhibit.”
`On February 6, 2018, Patent Owner filed its demonstrative exhibit as
`Exhibit 2007, which has been used previously in this proceeding for the
`confidential settlement agreement filed on January 3, 2018 (Ex. 2007).
`Pursuant to our authorization given during the oral hearing on February 13,
`2018, Patent Owner refiled its demonstrative exhibit as Exhibit 2009.
`However, Patent Owner did not provide an updated exhibit list.
`Accordingly, Patent Owner’s original demonstrative exhibit filed on
`February 6, 2018, will be expunged. Patent Owner shall file an updated
`exhibit list, in accordance with 37 C.F.R. § 42.63(e), within five (5) business
`days.
`
`In addition, pursuant to our prior Order (Paper 25), Petitioner filed its
`demonstrative exhibit (Ex. 1025). Petitioner was permitted to use the
`demonstrative exhibit during its 20-minute presentation at the oral hearing.
`As we explained during the oral hearing, demonstrative exhibits are
`neither substantive briefing papers nor evidence, but merely visual aids for
`use at the oral hearing. Based on our review of Petitioner’s demonstrative
`exhibit, we determine that the demonstrative exhibit that includes 86 pages
`of extensive text amounts to additional briefing. Further, during the oral
`hearing, Petitioner made no reference to some of its demonstrative exhibit
`
`2
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`pages and only cursory reference to many, if not most, of the remaining
`demonstrative exhibit pages. Where Petitioner did reference its
`demonstrative exhibit pages, for the most part, it identified the source of the
`demonstrative exhibit page in the record. Accordingly, we hereby expunge
`Petitioner’s demonstrative exhibit (Ex. 1025).
`It is:
`ORDERED that Patent Owner’s orginal demonstrative exhibit filed on
`February 6, 2018, as Exhibit 2007, is expunged from the record;
`FURTHER ORDERED that Petitioner’s demonstrative exhibit filed
`on February 6, 2018, as Exhibit 1025, is expunged from the record; and
`FURTHER ORDERED that, within 5 business days from the entry of
`this Order, Patent Owner shall file an updated exhibit list in accordance with
`37 C.F.R. § 42.63(e), listing each of its exhibits with the exhibit number and
`a brief description.
`
`
`
`3
`
`
`
`IPR2017-00714
`Patent 6,470,399 B1
`
`For PETITIONER:
`
`Scott Miller
`Trevor Quist
`Darren Franklin
`SHEPPARD MULLIN RICHTER & HAMPTON LLP
`smiller@sheppardmullin.com
`
`tquist@sheppardmullin.com
`dfranklin@sheppardmullin.com
`
`Carrier Beyer
`DRINKER BIDDLE & REATH LLP
`carrier.beyer@dbr.com
`
`
`
`For PATENT OWNER:
`
`Nicholas Peters
`Paul Henkelmann
`FITCH, EVEN, TABIN & FLANNERY, LLP
`ntpete@fitcheven.com
`phenkelmann@fitcheven.com
`
`
`
`
`
`
`4
`
`
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