`571-272-7822
`
` Paper No. 27
`Entered: May 11, 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.
`____________
`
`Cases
`IPR2017-00866 (Patent 8,713,595 B2)
`IPR2017-00867 (Patent 8,713,595 B2)
`IPR2017-00934 (Patent 8,768,147 B2)
`IPR2017-00939 (Patent 9,172,987 B2)
` IPR2017-00941 (Patent 9,172,987 B2)1
`____________
`
`Before KARL D. EASTHOM, BARBARA A. BENOIT, and
`STACY B. MARGOLIES, Administrative Patent Judges.
`
`MARGOLIES, Administrative Patent Judge.
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be entered in each case. The parties, however, are not
`authorized to use this caption for any subsequent papers.
`
`
`
`IPR2017-00866 and IPR2017-00867 (Patent 8,713,595 B2)
`IPR2017-00934 (Patent 8,768,147 B2)
`IPR2017-00939 and IPR2017-00941 (Patent 9,172,987 B2)
`
`
`Comcast Cable Communications, LLC (“Petitioner”) and Rovi
`Guides, Inc. (“Patent Owner”) requested a hearing in each of the above-
`listed proceedings pursuant to 37 C.F.R. § 42.70. The requests are granted.
`These proceedings will be heard on June 6, 2018, beginning at 9:00
`AM Eastern Time on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. We will hold a consolidated hearing for
`IPR2017-00866 and IPR2017-00867 from 9:00 AM to 11:00 AM (each
`party will have one hour of argument time). Following a short recess, we
`will hear IPR2017-00934 from 11:15 AM to 12:45 PM (each party will have
`45 minutes of argument time). Following a recess for lunch, we will hold a
`consolidated hearing for IPR2017-00939 and IPR2017-00941 from 2:00 PM
`to 4:00 PM (each party will have one hour of argument time). The hearings
`will be open to the public for in-person attendance, which will be
`accommodated on a first-come, first-served basis.
`On May 2, 2018, we issued an order (Paper 32) in the IPR2017-00941
`proceeding to add two grounds asserted in the Petition (Paper 2) that were
`not included in our original institution decision (Paper 11). Specifically, the
`newly added grounds were (i) claims 1–5, 7–13, 15, and 16 would have been
`obvious over Gerba (U.S. Patent No. 6,445,398 B1; Ex. 1104) and Straub
`(U.S. Patent No. 5,822,123; Ex. 1103) and (ii) claims 6 and 14 would have
`been obvious over Gerba, Straub, and Davis (U.S. Patent No. 5,822,123;
`Ex. 1102). These grounds are not to be argued in the hearing for IPR2017-
`00939 and IPR2017-00941. The scope of the parties’ arguments is limited
`to the grounds instituted in the original institution decision (Paper 11) for
`which the trial has been proceeding since September 11, 2017. The parties
`
`2
`
`
`
`IPR2017-00866 and IPR2017-00867 (Patent 8,713,595 B2)
`IPR2017-00934 (Patent 8,768,147 B2)
`IPR2017-00939 and IPR2017-00941 (Patent 9,172,987 B2)
`
`will have an opportunity later to request oral hearing for the newly instituted
`grounds.
`In each of the hearings, Petitioner will argue first and may present
`arguments regarding the challenged claims and grounds on which we
`instituted trial, and may reserve a portion of its time for rebuttal. Patent
`Owner then will have the opportunity to respond to Petitioner’s arguments,
`and in the hearing for IPR2017-00867, present arguments regarding Patent
`Owner’s motion to exclude. Finally, Petitioner may use any time it has
`reserved for rebuttal to respond to Patent Owner’s arguments.
`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. In other words, each of the parties
`shall file a single exhibit of its set of demonstrative exhibits for oral
`argument for IPR2017-00866 and IPR2017-00867 in both of those
`proceedings, a single exhibit of its demonstrative exhibits for oral argument
`for IPR2017-00934 in that proceeding, and a single exhibit of its set of
`demonstrative exhibits for oral argument for IPR2017-00939 and IPR2017-
`00941 in both of those proceedings. 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
`
`3
`
`
`
`IPR2017-00866 and IPR2017-00867 (Patent 8,713,595 B2)
`IPR2017-00934 (Patent 8,768,147 B2)
`IPR2017-00939 and IPR2017-00941 (Patent 9,172,987 B2)
`
`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 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.). Demonstrative exhibits are not evidence, but merely a
`visual aid for use at the hearing.
`The parties are reminded that each 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 present at the
`hearing; however, any backup counsel may make the actual presentation, in
`whole or in part. See Office Patent Trial Practice Guide, 77 Fed. Reg.
`48,756, 48,758 (Aug. 14, 2012). If lead counsel for either party is unable to
`attend the hearing, the parties shall request a joint telephone conference call
`no later than two (2) business days prior to the hearing date to discuss the
`matter.
`The Board will provide a court reporter for the hearings, and the
`reporter’s transcript will constitute the official record of the hearings.
`
`4
`
`
`
`IPR2017-00866 and IPR2017-00867 (Patent 8,713,595 B2)
`IPR2017-00934 (Patent 8,768,147 B2)
`IPR2017-00939 and IPR2017-00941 (Patent 9,172,987 B2)
`
`Requests for special accommodations or audio-visual equipment are
`to be made at least five (5) business days in advance of the hearing date.
`Such requests must be sent to Trials@uspto.gov. If the requests are not
`received timely, requested accommodations and/or equipment may not be
`available on the day of the hearing.
`
`FOR PETITIONER:
`Frederic M. Meeker
`Bradley C. Wright
`Charles W. Shifley
`Charles L. Miller
`Brian J. Emfinger
`Scott M. Kelly
`BANNER AND WITCOFF, LTD
`fmeeker@bannerwitcoff.com
`bwright@bannerwitcoff.com
`cmiller@bannerwitcoff.com
`bemfinger@bannerwitcoff.com
`skelly@bannerwitcoff.com
`ComastIPRService@bannerwitcoff.com
`
`FOR PATENT OWNER:
`Mark D. Rowland
`Gabrielle E. Higgins
`ROPES & GRAY LLP
`Mark.Rowland@ropesgray.com
`Gabrielle.Higgins@ropesgray.com
`
`5
`
`
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