Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
` Paper 16
`
` Entered October 25, 2018
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS AMERICA, INC. and ASUS COMPUTER
`INTERNATIONAL, INC.,
`Petitioner,
`
`v.
`
`JAMES GOODMAN,
`Patent Owner.
`____________
`
`Case IPR2017-02021
`Patent 6,243,315 B11
`____________
`
`
`Before BRIAN J. McNAMARA, PATRICK M. BOUCHER, and
`KIMBERLY McGRAW, Administrative Patent Judges.
`
`McGRAW, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Oral Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`
`
`
`1 Case IPR2018-00047, filed by ASUS Computer International, Inc., has
`been joined with this proceeding.
`
`
`571-272-7822
`
`
`
`
`
`
`
`
` Paper 16
`
` Entered October 25, 2018
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS AMERICA, INC. and ASUS COMPUTER
`INTERNATIONAL, INC.,
`Petitioner,
`
`v.
`
`JAMES GOODMAN,
`Patent Owner.
`____________
`
`Case IPR2017-02021
`Patent 6,243,315 B11
`____________
`
`
`Before BRIAN J. McNAMARA, PATRICK M. BOUCHER, and
`KIMBERLY McGRAW, Administrative Patent Judges.
`
`McGRAW, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Oral Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`
`
`
`1 Case IPR2018-00047, filed by ASUS Computer International, Inc., has
`been joined with this proceeding.
`
`
`
`Case IPR2017-02021
`Patent 6,243,315 B1
`
`
`The Scheduling Order for the above-listed case sets the date for the
`oral hearing as November 16, 2018. Paper 8. Each party requested an oral
`hearing pursuant to 37 C.F.R. § 42.70. Papers 12, 14. The parties’ requests
`for an oral hearing are granted.
`The oral hearing will commence at 11:00 AM, on November 16,
`2018. As requested by each party, each party will have a total of thirty (30)
`minutes to present its arguments. See Paper 15. Petitioner bears the ultimate
`burden of proof that the claims under review in these cases are unpatentable.
`Therefore, Petitioner will proceed first, and Patent Owner will follow.
`Petitioner may then use any time Petitioner reserved for rebuttal. Absent
`special circumstances, Petitioner will not be permitted to reserve for rebuttal
`more than half the total time allotted for argument. Patent Owner may
`request a brief sur-rebuttal.
`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. In-person attendance will be accommodated on a first come, first
`serve basis. The Board will provide a court reporter for the oral hearing and
`the reporter’s transcript will constitute the official record of the oral hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served on opposing counsel at least seven business days before the hearing.
`The parties also shall provide the demonstrative exhibits to the Board at least
`three business days prior to the hearing by emailing them to
`Trials@uspto.gov. Notwithstanding § 42.70(b), the parties shall not file any
`demonstrative exhibits in this proceeding without prior authorization from
`the Board.
`
`2
`
`
`
`Case IPR2017-02021
`Patent 6,243,315 B1
`
`
`The Board reminds the parties that demonstrative exhibits are not
`evidence, but are intended to assist the parties in presenting their oral
`arguments to the Board. The Board also reminds the parties that
`demonstrative exhibits cannot be used to advance arguments or introduce
`evidence not previously presented in the record. See Dell Inc. v. Acceleron,
`LLC, 884 F.3d 1364, 1369 (Fed. Cir. 2018) (noting that the “Board was
`obligated to dismiss [the petitioner’s] untimely argument . . . raised for the
`first time during oral argument”).
`We expect that the parties will meet and confer in good faith to
`resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved, the parties may file any objections to demonstratives
`with the Board at least three business days before the hearing. The
`objections should identify with particularity which portions of the
`demonstrative exhibits are subject to objection, include a copy of the
`objected-to portions, and include a one-sentence statement of the reason for
`each objection. No argument or further explanation is permitted. We will
`consider any objections and schedule a conference call if deemed necessary.
`Otherwise, we will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely filed will be considered waived.
`Each party shall provide a hard copy of their demonstratives to the court
`reporter at the hearing.
`It is possible that at least one member of the panel will be attending
`the hearing via remote video link. Physical exhibits and the projector screen
`will not be viewable to this judge. The parties should prepare accordingly.
`The parties are reminded that the presenter must identify clearly and
`3
`
`
`
`Case IPR2017-02021
`Patent 6,243,315 B1
`
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to assist any member of the panel attending
`remotely and to ensure the clarity and accuracy of the reporter’s transcript.
`The parties also should note that a panel member appearing remotely will
`not be able to hear the parties unless they speak into the microphone at the
`podium. If the parties have questions as to whether demonstrative exhibits
`would be sufficiently available and visible to all of the judges, the parties are
`invited to contact the Board.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. At least one party has indicated that
`it desires to have audio-visual equipment available for use during the
`hearing. Requests for audio-visual equipment must be sent to
`Trials@uspto.gov, and any request not sent separately and specifically to
`that email address will not be considered. The request must be made no later
`than five days in advance of the hearing date. If the request is not received
`timely, the equipment may not be available on the day of the hearing.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`
`
`4
`
`
`
`Case IPR2017-02021
`Patent 6,243,315 B1
`
`
`In light of the foregoing, it is:
`ORDERED that the oral hearing, conducted pursuant to the
`procedures outlined above, shall commence at 11:00 AM (EST) on
`November 16, 2018.
`
`
`
`
`5
`
`
`
`Case IPR2017-02021
`Patent 6,243,315 B1
`
`FOR PETITIONER:
`
`Ryan K. Yagura
`Xin-Yi Zhou
`O’MELVENY & MYERS LLP
`ryagura@omm.com
`vzhou@omm.com
`
`
`
`FOR PATENT OWNER:
`
`David Fink
`FINK & JOHNSON
`texascowboy6@gmail.com
`
`Felix Readus
`federallitigationlaw@gmail.com
`
`
`6
`
`
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