Trials@uspto.gov
`571–272–7822
`
`
`
`
`Paper 55
`Entered: November 14, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`VILOX TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00044
`Patent 7,302,423 B2
`____________
`
`Before SALLY C. MEDLEY, ROBERT J. WEINSCHENK, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`HAMANN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`571–272–7822
`
`
`
`
`Paper 55
`Entered: November 14, 2018
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`
`v.
`
`VILOX TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00044
`Patent 7,302,423 B2
`____________
`
`Before SALLY C. MEDLEY, ROBERT J. WEINSCHENK, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`HAMANN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`IPR2018-00044
`Patent 7,302,423 B2
`
`
`The Scheduling Order in this proceeding sets the date for the oral
`hearing as December 11, 2018. Paper 10. Each party requested an oral
`hearing pursuant to 37 C.F.R. § 42.70. Papers 48, 50. The parties’ requests
`for an oral hearing are granted.
`The hearing will commence at 9:00 AM ET on December 11, 2018,
`on the ninth floor (Hearing Room D) of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. The hearing will be open to the public for in-
`person attendance that 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.
`Each party will have a total of sixty (60) minutes to present any
`arguments relating to this proceeding. Petitioner bears the ultimate burden
`of proof that the claims under review in this case are unpatentable. Patent
`Owner has filed a motion to amend. Paper 27. Therefore, Petitioner will
`open the hearing by presenting its case regarding the patentability of any
`claim at issue in the proceeding including original claims and any claims
`proposed in Patent Owner’s Motion to Amend. Patent Owner will then
`respond to Petitioner’s argument and also argue in support of its motion to
`amend claims. Patent Owner also may address its Motion to Exclude
`Evidence. Paper 49.
`Petitioner may reserve time to respond to arguments presented by
`Patent Owner. 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 parties shall serve any demonstrative exhibits upon each other at
`least seven (7) business days prior to the hearing. The parties also shall
`
`2
`
`
`
`IPR2018-00044
`Patent 7,302,423 B2
`
`provide the demonstrative exhibits to the Board at least five (5) business
`days prior to the hearing by emailing them to Trials@uspto.gov.
`Notwithstanding 37 C.F.R. § 42.70(b), the parties shall not file any
`demonstrative exhibits without prior authorization.
`Demonstrative exhibits used at the hearing are aids to oral argument
`and not evidence, and should be clearly marked as such. For example, each
`slide of a demonstrative exhibit may be marked with the words
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`Demonstrative exhibits cannot be used to advance arguments or introduce
`evidence not previously presented in the record. 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.
`The parties are encouraged to resolve objections by exchanging
`proposed demonstrative exhibits and conferring prior to submitting the
`exhibits to the Board. Objections to demonstratives should be carefully
`considered and framed as the Board has not found that such objections are
`helpful in many cases. If any objections cannot be resolved, the parties must
`initiate a conference call with the Board at least two (2) business days prior
`to the hearing. Any objection to demonstrative exhibits that are not timely
`presented at least two (2) business days prior to the hearing will be
`considered waived.
`The parties should note that at least one member of the panel may be
`attending the hearing electronically from a remote location and that, if a
`demonstrative is not submitted by email prior to the hearing, it may not be
`
`3
`
`
`
`IPR2018-00044
`Patent 7,302,423 B2
`
`fully available or visible to any judges attending remotely. 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 ability of all judges to follow the presenter’s
`arguments.
`We expect lead counsel for each party to attend the hearing. Office
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758 (Aug. 14, 2012).
`However, any counsel of record in this proceeding may present the party’s
`arguments. If either party anticipates that its lead counsel will not attend the
`hearing, the parties shall request and make themselves available for a
`conference call with the Board to occur no later than two (2) business days
`prior to the hearing to discuss the reasons for that lead counsel’s absence.
`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.
`
`4
`
`
`
`IPR2018-00044
`Patent 7,302,423 B2
`
`PETITIONER:
`
`David M. O’Dell
`David L. McCombs
`Thomas Kelton
`John Russell Emerson
`Scott Cunning
`HAYNES AND BOONE, LLP
`david.odell.ipr@haynesboone.com
`david.mccombs.ipr@haynesboone.com
`thomas.kelton.ipr@haynesboone.com
`russell.emerson.ipr@haynesboone.com
`scott.cunning.ipr@haynesboone.com
`
`Jonathan Stroud
`Roshan Mansinghani
`UNIFIED PATENT INC.
`jonathan@unifiedpatents.com
`roshan@unifiedpatents.com
`
`
`PATENT OWNER:
`
`John K. Harrop
`harrop@vapatent.com
`
`
`5
`
`
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