`571-272-7822
`
`
`
`
`Paper 13
`Entered: May 25, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`SILVER STATE INTELLECTUAL TECHNOLOGIES, INC.,
`Patent Owner.
`______________________
`
`Case IPR2017-01198
`Patent 8,538,498 B2
`__________________________________
`
`
`
`
`
`
`Before JOHN F. HORVATH, JOHN A. HUDALLA and
`KAMRAN JIVANI, Administrative Patent Judges.
`
`JIVANI, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`IPR2017-01198
`Patent 8,538,498 B2
`
`
`The Scheduling Order in this proceeding sets the date for oral hearing
`to June 12, 2018, if a hearing is requested by the parties and granted by the
`Board. Paper 7. Petitioner requested oral hearing pursuant to 37 C.F.R.
`§ 42.70. Paper 12. Petitioner’s request is granted.
`The hearing will commence at 10:30 AM Eastern Time, on June 12,
`2018, on the 9th floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia (Hearing Room D). One or more judges of the panel
`may attend remotely. The Board will provide a court reporter for the
`hearing and the reporter’s transcript will constitute the official record of the
`hearing. The hearing will be open to the public for in-person attendance that
`will be accommodated on a first-come, first-served basis. There are no
`motions to seal pending in the present proceeding, but if the parties have any
`concern about disclosing confidential information, they are to contact the
`Board at least ten days before the hearing to discuss the matter.
`Each party will have a total of thirty (30) minutes to present any
`arguments relating to this case. Petitioner bears the ultimate burden of proof
`that the claims under review in this case are unpatentable. Therefore,
`Petitioner will proceed first, and Patent Owner will follow. Petitioner will
`present its opening argument and may reserve time for rebuttal. Thereafter,
`Patent Owner will respond to Petitioner’s case. Petitioner may then use any
`time Petitioner reserved for rebuttal.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may make the actual presentation in
`whole or in part. The parties are reminded that the presenter must identify
`clearly and specifically any demonstrative exhibit (e.g., by slide or screen
`number) referenced during the hearing to ensure the clarity and accuracy of
`
`2
`
`
`
`IPR2017-01198
`Patent 8,538,498 B2
`
`the reporter’s transcript and the ability of all judges to follow the presenter’s
`arguments.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least seven (7) business days prior to the hearing.
`The parties also shall provide the demonstrative exhibits to the Board at least
`two (2) business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this case without prior authorization. Demonstrative exhibits are not
`evidence, but merely a visual aid for use at the hearing. 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.
`Any requests regarding special equipment or needs, such as for
`audio/visual equipment, should be directed to Trials@uspto.gov. Requests
`for special equipment will not be honored unless presented in a separate
`communication directed to the identified email address not less than five (5)
`business days before the hearing.
`
`
`3
`
`
`
`IPR2017-01198
`Patent 8,538,498 B2
`
`PETITIONER:
`Ashraf A. Fawzy
`Jonathan Stroud
`UNIFIED PATENTS INC.
`afawzy@unifiedpatents.com
`jonathan@unifiedpatents.com
`
`
`PATENT OWNER:
`Glen L. Nuttall
`Daniel M. Cavanagh
`KLEIN, O’NEILL & SINGH, LLP
`gnuttall@koslaw.com
`dcavanagh@koslaw.com
`
`4
`
`
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