Trials@uspto.gov
`571-272-7822
`
`
`
`
` Paper 22
`Entered: May 17, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GARMIN INTERNATIONAL, INC. and GARMIN USA, INC.,
`Petitioner,
`
`v.
`
`LOGANTREE, LP,
`Patent Owner.
`____________
`
`Case IPR2018-00564
`Case IPR2018-005651
`Patent 6,059,576 C1
`____________
`
`
`Before PATRICK R. SCANLON, MITCHELL G. WEATHERLY, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 We issue one Order and enter it in each proceeding. When authorized, the
`parties may use this style caption when filing a single paper in multiple
`proceedings, provided that such caption includes a footnote attesting that
`“the word-for-word identical paper is filed in each proceeding identified in
`the caption.”
`
`
`
`
`571-272-7822
`
`
`
`
` Paper 22
`Entered: May 17, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GARMIN INTERNATIONAL, INC. and GARMIN USA, INC.,
`Petitioner,
`
`v.
`
`LOGANTREE, LP,
`Patent Owner.
`____________
`
`Case IPR2018-00564
`Case IPR2018-005651
`Patent 6,059,576 C1
`____________
`
`
`Before PATRICK R. SCANLON, MITCHELL G. WEATHERLY, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 We issue one Order and enter it in each proceeding. When authorized, the
`parties may use this style caption when filing a single paper in multiple
`proceedings, provided that such caption includes a footnote attesting that
`“the word-for-word identical paper is filed in each proceeding identified in
`the caption.”
`
`
`
`
`
`IPR2018-00564 (Patent 6,059,576 C1)
`IPR2018-00565 (Patent 6,059,576 C1)
`
`
`The date set for oral argument in these two proceedings is June 4,
`2019, if oral argument is requested by either party and granted by the Board.
`Paper 10. 2 Both parties have requested oral argument pursuant to 37 C.F.R.
`§ 42.70. Papers 20, 21. The parties’ requests are granted to the extent set
`forth below. These cases are not consolidated, but given the overlap in
`subject matter and consistent with the parties’ requests, a single, combined
`hearing will be held for both cases.
`The hearing for these proceedings will commence at 10:00 a.m.
`Eastern Time, on Tuesday, June 4, 2019. The hearing will be conducted
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The hearing will be open to the public for in-person attendance,
`which 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 oral argument.
`Each party will have a total of 45 minutes to present arguments.
`Because Petitioner bears the ultimate burden of proof that the claims at issue
`are unpatentable, Petitioner will begin by presenting its arguments regarding
`the challenged claims. Thereafter, Patent Owner will argue its opposition to
`Petitioner’s case. Petitioner may reserve time to rebut Patent Owner’s
`opposition. Finally, Patent Owner may request an opportunity to present a
`brief sur-rebuttal to Petitioner’s rebuttal. The parties are reminded that
`arguments made during rebuttal and sur-rebuttal periods must be responsive
`to arguments the opposing party made in its immediately preceding
`presentation. The parties are also reminded that during the hearing, the
`
`
`2 As the pertinent papers in both proceedings are substantially identical, we
`refer herein to the papers filed in IPR2018-00564 for convenience.
`
`2
`
`
`
`IPR2018-00564 (Patent 6,059,576 C1)
`IPR2018-00565 (Patent 6,059,576 C1)
`
`parties “may only present arguments relied upon in the papers previously
`submitted.” Trial Practice Guide August 2018 Update, p. 23.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven (7) business days before the hearing date. The demonstrative
`exhibits shall be filed with the Board no later than five (5) business days
`before the hearing date. Demonstrative exhibits are not evidence, but
`merely a visual aid for use at the hearing. Demonstrative exhibits shall
`not introduce new arguments or evidence. The parties shall meet and confer
`in good faith to discuss any objections to demonstrative exhibits. If any
`issues regarding demonstratives remain unresolved after the parties meet and
`confer, the parties shall jointly file a one-page list of objections to the
`demonstrative exhibits with the Board at least three (3) business days before
`the hearing. For each objection, the list must identify with particularity the
`demonstratives subject to the objection and include a short, one-sentence
`statement explaining the objection. The panel will consider the objections
`and schedule a conference call if necessary. Regardless of whether the
`propriety of any demonstrative exhibit is disputed by either party,
`demonstrative exhibits will be considered only to the extent (1) they
`elucidate the parties’ arguments presented during the hearing and (2) they
`include only arguments and/or evidence already of record in the
`proceedings. For further guidance on what constitutes an appropriate
`demonstrative exhibit, the parties are directed to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23,
`2013) (Paper 118).
`We expect lead counsel for each party to be present at the hearing;
`however, any backup counsel may make the actual presentation, in whole or
`
`3
`
`
`
`IPR2018-00564 (Patent 6,059,576 C1)
`IPR2018-00565 (Patent 6,059,576 C1)
`
`in part. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758
`(Aug. 14, 2012). If lead counsel for either party is unable to attend the
`hearing, the parties shall request a joint telephone conference call no later
`than two (2) days prior to the hearing date to discuss the matter.
`At least one member of the panel will be attending the hearing via
`videoconferencing from a remote location and will have access only to the
`courtesy copy of the demonstratives provided in advance, as referenced
`above, and will not be able to view the projection screen in the hearing
`room. We take this opportunity to remind the parties that each 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, and to enable any judge that is
`attending the hearing from a remote location to follow the presentation.
`Requests for special accommodations or audio-visual equipment are
`to be made at least five (5) business days in advance of the hearing date.
`Such requests must be sent to Trials@uspto.gov. If the requests are not
`received timely, requested accommodations and/or equipment may not be
`available on the day of the hearing.
`Either party may request a pre-hearing conference call. See Trial
`Practice Guide August 2018 Update, p. 19–20. The prehearing call is not
`required, and absent a request, no call will be held. Prior to making a
`request, the parties should confer and send a joint request to the Board with
`an agreed upon set of limited issues for discussion. To request a conference,
`an email should be sent to Trials@uspto.gov by May 24, 2019, including
`several dates and times of availability for both parties.
`
`
`
`4
`
`
`
`IPR2018-00564 (Patent 6,059,576 C1)
`IPR2018-00565 (Patent 6,059,576 C1)
`
`
`PETITIONER:
`
`Adam P. Seitz
`Clifford T. Brazil
`Megan J. Redmond
`ERISE IP, P.A.
`adam.seitz@eriseip.com
`cliff.brazil@eriseip.com
`megan.redmond@eriseip.com
`
`
`PATENT OWNER:
`
`Christopher M. Barkley
`BARKLEY IP
`chris@barkleyip.com
`
`
`5
`
`
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