`571-272-7822
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` Paper No. 20
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`Entered: July 12, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENT INC.,
`Petitioner
`
`v.
`
`PLECTRUM LLC,
`Patent Owner
`____________
`
`IPR2017-01430
`Patent 5,978,951
`____________
`
`
`Before KEN B. BARRETT, MIRIAM L. QUINN, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`McSHANE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`
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`IPR2017-01430
`Patent 5,978,951
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`
`DISCUSSION
`An inter partes review was instituted in this proceeding. Paper 8. Petitioner
`requested an oral hearing in this proceedings pursuant to 37 C.F.R. § 42.70(a).
`Paper 19. Petitioner did not request any specific time allotment for its argument.
`See id. We have reviewed the issues that the Petitioner intends to address, and
`each party will be permitted forty-five (45) minutes to present its arguments.
`The hearing will commence at 10:00 AM Eastern Time, on Thursday,
`August 2, 2018. The oral hearing will be open to the public for in-person
`attendance, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. Space in the hearing room is limited, and any attendees
`beyond three per party (including any attorneys who may be appearing) will be
`accommodated on a first-come, first-served basis.
`At the hearing, Petitioner will first present its case as to the challenged
`claims and grounds with respect to which we instituted trial. Petitioner may
`reserve rebuttal time. Thereafter, Patent Owner will argue its opposition to
`Petitioner’s case. Petitioner then may use any time it reserved for rebuttal,
`responding to Patent Owner’s specific arguments presented at the oral hearing.
`At least seven (7) business days prior to the oral arguments, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during the
`oral arguments. See 37 C.F.R. § 42.70(b). The parties shall confer with each other
`regarding any objections to demonstrative exhibits, and file 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.
`Demonstrative exhibits are not evidence, but merely a visual aid at the oral
`arguments. Demonstrative exhibits may not introduce new evidence or raise new
`arguments, but instead should cite to evidence in the record. The parties are
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`IPR2017-01430
`Patent 5,978,951
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`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)
`and CBS Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033,
`(PTAB Oct. 23, 2013) (Paper 118), for guidance regarding the appropriate content
`of demonstrative exhibits.
`The parties should attempt to resolve any objections to demonstratives prior
`to involving the Board. For any issue that cannot be resolved after conferring with
`the opposing party, the parties may email jointly to Trials@uspto.gov 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 short 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 may
`consider the objections at or after the hearing. Any unresolved objections to
`demonstrative exhibits not timely presented will be considered waived.
`To aid in the preparation of an accurate transcript, each party shall provide
`paper copies of its demonstratives to the court reporter on the day of the oral
`arguments. Such paper copies shall not become part of the record of this
`proceeding. The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number), paper, or
`exhibit referenced during the oral arguments to ensure the clarity and accuracy of
`the reporter’s transcript.
`We expect lead counsel for each party to be present at oral hearing, although
`any backup counsel may make the actual presentation, in whole or in part. If lead
`counsel for either party will not be in attendance at the oral hearing, we should be
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`IPR2017-01430
`Patent 5,978,951
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`notified via email communications no later than two (2) business days prior to the
`oral hearing
`Lead counsel and back-up counsel may use portable computers in the
`hearing room at the counsel tables and at the hearing room lectern. The parties are
`reminded to direct any requests for specialized audio-visual equipment to
`Trials@uspto.gov. Requests for special equipment will not be honored unless
`presented in a separate communication directed to the above e-mail address not
`less than five (5) days before the oral arguments. If the request is not received
`timely, the equipment may not be available on the day of the oral arguments.
`ORDER
`It is ORDERED that oral argument for this proceeding shall take place
`beginning at 10:00 AM Eastern Time, on Thursday, August 2, 2018 at the Madison
`Building East, 600 Dulany Street, ninth floor, Alexandria, Virginia.
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`IPR2017-01430
`Patent 5,978,951
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`PETITIONER:
`David L. Cavanaugh
`Daniel V. Williams
`WILMER CUTLER PICKERING HALE AND DORR LLP
`david.Cavanaugh@wilmerhale.com
`daniel.williams@wilmerhale.com
`
`Roshan Mansinghani
`Jonathan Stroud
`Unified Patents Inc.
`Roshan@unifiedpatents.com
`jonathan@unifiedpatents.com
`
`
`PATENT OWNER:
`Zachariah S. Harrington
`Larry D. Thompson, Jr.
`Matthew J. Antonelli
`ANTONELLI, HARRINGTON & THOMPSON LLP
`zac@ahtlawfirm.com
`larry@ahtlawfirm.com
`matt@ahtlawfirm.com
`
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