Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`Paper: 28
`Entered: March 26, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC., HTC AMERICA, INC., and
`LENOVO (UNITED STATES) INC.,
`Petitioner,
`
`v.
`
`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
`____________
`
`Case IPR2018-005581
`Patent 9,014,667 B2
`____________
`
`
`
`Before KEVIN F. TURNER, JONI Y. CHANG, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 Cases IPR2018-01639 and IPR2018-01645 have been joined with this
`proceeding.
`
`
`571-272-7822
`
`
`
`
`
`
`
`Paper: 28
`Entered: March 26, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`LG ELECTRONICS, INC., HTC AMERICA, INC., and
`LENOVO (UNITED STATES) INC.,
`Petitioner,
`
`v.
`
`KONINKLIJKE PHILIPS N.V.,
`Patent Owner.
`____________
`
`Case IPR2018-005581
`Patent 9,014,667 B2
`____________
`
`
`
`Before KEVIN F. TURNER, JONI Y. CHANG, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`
`WORMMEESTER, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 Cases IPR2018-01639 and IPR2018-01645 have been joined with this
`proceeding.
`
`
`
`IPR2018-00558
`Patent 9,014,667 B2
`
`
`
`We instituted inter partes review (Paper 6) and issued a Scheduling
`Order (Paper 7) that sets the date for oral hearing as April 11, 2019, if a
`hearing is requested by the parties and granted by the Board. Both parties
`request oral hearing pursuant to 37 C.F.R. § 42.70. Papers 26–27. We grant
`those requests.
`The hearing will commence at 1:00 PM Eastern Time, on April 11,
`2019, and will be conducted at the USPTO Headquarters, Ninth Floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, 22314.
`The hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come first-served basis. If the parties have any
`concern about disclosing confidential information, they are requested to
`contact the Board at least three business days in advance of the hearing to
`discuss the matter.
`We grant one hour of oral argument time to each party, for a total of
`two hours. Because Petitioner bears the ultimate burden of proof that the
`challenged claims are unpatentable, Petitioner will proceed first to present its
`case as to the challenged claims and instituted grounds of unpatentability.
`Thereafter, Patent Owner will respond to Petitioner’s case. Petitioner may
`reserve rebuttal time to respond to arguments presented by Patent Owner.
`No live testimony from any witness will be taken at the oral argument.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`
`2
`
`
`
`IPR2018-00558
`Patent 9,014,667 B2
`
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served no
`later than seven business days before the hearing date. They shall be filed
`with the Board no later than five business days prior to the hearing date.
`The parties must initiate a conference call with the Board at least three
`business days prior to the hearing to resolve any dispute over the propriety
`of each party’s demonstrative exhibits. 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. See
`also CBS Interactive Inc. v. Helferich Patent Licensing, LLC, Case
`IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) (The Board has the
`discretion to limit the parties’ demonstratives to pages in the record should
`there be no easy resolution to objections over demonstratives.).
`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 panel member,
`Judge Turner, will be attending the hearing electronically. If a
`demonstrative is not made available to the Board in the manner indicated
`above, that demonstrative may not be available to each of the judges during
`the hearing and may not be considered. Further, images projected, using
`audio-visual equipment in Alexandria, will not be visible to Judge Turner.
`Because of limitations on the audio transmission systems in our hearing
`rooms, the presenter may speak only when standing at the hearing room
`podium. If the parties have questions as to whether demonstrative exhibits
`
`3
`
`
`
`IPR2018-00558
`Patent 9,014,667 B2
`
`
`would be sufficiently visible and available to all the judges, the parties are
`invited to contact the Board at (571) 272-9797.
`The Board expects 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 is unable to attend the oral
`argument, the Board should be notified via a joint telephone conference call
`no later than five business days prior to the oral hearing to discuss the
`matter.
`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 transcript will be entered in the record of these proceedings.
`Any requests regarding special equipment or needs, such as for audio-
`visual equipment, should be directed to Trials@uspto.gov. Requests for
`audio-visual equipment are to be made at least five business days in advance
`of the hearing date.
`It is
`ORDERED that oral argument will commence at 1:00 PM ET on
`April 11, 2019, in Alexandria, Virginia.
`
`
`
`
`
`
`4
`
`
`
`IPR2018-00558
`Patent 9,014,667 B2
`
`
`For PETITIONER:
`Joseph Palys
`josephpalys@paulhastings.com
`
`Jeremy Monaldo
`jjm@fr.com
`
`Jun Li
`li@fr.com
`
`Walter Renner
`axf-ptab@fr.com
`
`Naveen Modi
`naveenmodi@paulhastings.com
`
`For PATENT OWNER:
`
`Lawrence Cogswell
`lawrence.cogswell@hbsr.com
`
`Mark Tredinnick
`mark.tredinnick@hbsr.com
`
`Timothy Meagher
`timothy.meagher@hbsr.com
`
`5
`
`
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