Trials@uspto.gov
`571-272-7822
`
`Paper 32
`Entered: March 6, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FLIR SYSTEMS, INC. and
`FLIR MARITIME US, INC. (F/K/A RAYMARINE, INC.),
`Petitioner,
`
`v.
`
`GARMIN SWITZERLAND GmbH,
`Patent Owner.
`____________
`
`Case IPR2017-00946
`Patent 7,268,703 B1
`____________
`
`Before JUSTIN T. ARBES, THOMAS L. GIANNETTI, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`571-272-7822
`
`Paper 32
`Entered: March 6, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FLIR SYSTEMS, INC. and
`FLIR MARITIME US, INC. (F/K/A RAYMARINE, INC.),
`Petitioner,
`
`v.
`
`GARMIN SWITZERLAND GmbH,
`Patent Owner.
`____________
`
`Case IPR2017-00946
`Patent 7,268,703 B1
`____________
`
`Before JUSTIN T. ARBES, THOMAS L. GIANNETTI, and
`SCOTT B. HOWARD, Administrative Patent Judges.
`
`HOWARD, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`
`
`Petitioner and Patent Owner each requested a hearing in the above
`proceeding pursuant to 37 C.F.R. § 42.70(a). See Papers 29, 30. The
`requests are granted.
`Each party will have forty-five (45) minutes of total time to present
`arguments. Petitioner bears the ultimate burden of proof that the challenged
`claims are unpatentable and Patent Owner does not have the burden of
`persuasion with respect to the patentability of substitute claims presented in
`the Motion to Amend. Therefore, Petitioner will proceed first to present its
`case as to the challenged and substitute claims and may reserve rebuttal
`time. Patent Owner then will respond to Petitioner’s presentation and may
`reserve rebuttal time. Petitioner then may use the rest of its time to respond
`to Patent Owner’s presentation. Finally, Patent Owner may use any
`remaining time only to address issues raised by Petitioner regarding Patent
`Owner’s Motion to Amend.
`The hearing will commence at 10:00 A.M. Eastern Time on April 11,
`2018. The hearing will be open to the public for in-person attendance on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance will be accommodated on a first come, first
`served basis. The Board will provide a court reporter for the hearing, and
`the reporter’s transcript will constitute the official record of the hearing.
`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 file
`demonstrative exhibits with the Board at least five business days prior to the
`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
`
`
`
`2
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`
`least two 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. Each party also shall provide a hard copy
`of its demonstrative exhibits to the court reporter at the hearing.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118),
`regarding the appropriate content of demonstrative exhibits. 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
`parties also should note that one member of the panel will be attending the
`hearing electronically from a remote location and that if a demonstrative
`exhibit is not filed or otherwise made fully available or visible to the judge
`presiding over the hearing remotely, that demonstrative exhibit will not be
`considered. The judge presiding remotely will not be able to view the screen
`in the hearing room.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearing, although any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for any party will not be in
`attendance at the hearing, the Board should be notified via a joint conference
`call no later than two days prior to the hearing to discuss the matter.
`
`
`
`3
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`
`
`Requests for audio-visual equipment at the hearing are to be made
`five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the day of the hearing. Further, if the parties have
`questions as to whether demonstrative exhibits would be sufficiently visible
`and available to all of the judges, the parties are invited to contact the Board
`at 571-272-9797.
`
`
`
`4
`
`
`
`IPR2017-00946
`Patent 7,268,703 B1
`
`PETITIONER:
`
`Brian Ferguson
`Brian.ferguson@weil.com
`
`Anish Desai
`Anish.desai@weil.com
`
`Christopher Pepe
`Christopher.pepe@weil.com
`
`PATENT OWNER:
`
`Jennifer Bailey
`Jennifer.bailey@eriseip.com
`
`Adam Seitz
`Adam.seitz@eriseip.com
`
`
`
`
`
`5
`
`
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