Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`Paper No. 36
`Entered: May 15, 2109
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`ROHDE & SCHWARZ GMBH & CO., KG,
`Petitioner,
`v.
`TEKTRONIX, INC.,
`Patent Owner.
`_______________
`
`Cases IPR2018-00643 and IPR 2018-006471
`Patent 8,675,719 B2
` _______________
`
`
`Before JOSIAH C. COCKS, PATRICK M. BOUCHER, and SCOTT E. BAIN,
`Administrative Patent Judges.
`
`
`BAIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`1 This Order addresses the same issue in both inter partes reviews and, therefore,
`we issue one Order to be filed in both the cases. For ease of reference, our
`citations herein refer to papers filed in IPR2018-00643. The parties are not
`authorized to use this style of filing in subsequent papers.
`
`
`Tel: 571-272-7822
`
`
`
`Paper No. 36
`Entered: May 15, 2109
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`ROHDE & SCHWARZ GMBH & CO., KG,
`Petitioner,
`v.
`TEKTRONIX, INC.,
`Patent Owner.
`_______________
`
`Cases IPR2018-00643 and IPR 2018-006471
`Patent 8,675,719 B2
` _______________
`
`
`Before JOSIAH C. COCKS, PATRICK M. BOUCHER, and SCOTT E. BAIN,
`Administrative Patent Judges.
`
`
`BAIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`1 This Order addresses the same issue in both inter partes reviews and, therefore,
`we issue one Order to be filed in both the cases. For ease of reference, our
`citations herein refer to papers filed in IPR2018-00643. The parties are not
`authorized to use this style of filing in subsequent papers.
`
`
`
`IPR2018-00643, IPR2018-00647
`Patent 8,675,719 B2
`
`
`On September 11, 2018, we instituted an inter partes review as to all
`challenged claims and all grounds in the Petitions in IPR2018-00643 and IPR2018-
`00647, each of which assert unpatentability of claims 1–10 and 12–15 of U.S.
`Patent No. 8,675,719 B2 (Ex. 1001, “the ’719 patent). Paper 7. The parties
`request oral argument for this proceeding, pursuant to 37 C.F.R. § 42.70(a). Papers
`34, 35. The parties’ requests are granted.
`Patent Owner requests “no more than” one and a half hours of argument per
`side, while Petitioner requests one hour per side (although Petitioner’s request
`might imply one hour per side, per case). Papers 34, 35. We have reviewed the
`issues that the parties intend to address, and we determine that each party should be
`accorded one and a half hours (90 minutes), total, to present oral arguments in a
`combined hearing for the above-captioned cases.
`Petitioner bears the ultimate burden of proof that claims 1–10 and 12–15 of
`the ’719 patent are unpatentable based on the grounds instituted in these
`proceedings. 35 U.S.C. § 316(e) (“[T]he petitioner shall have the burden of
`proving a proposition of unpatentability by a preponderance of the evidence.”).
`Consequently, Petitioner will proceed first to present its case as to the
`unpatentability of claims 1–10 and 12–15 of the ’719 patent and the grounds
`instituted (in both inter partes reviews). Petitioner may reserve rebuttal time.
`Absent special circumstances, Petitioner will not be permitted to reserve for
`rebuttal more than half the total time it has been allotted for argument. Thereafter,
`Patent Owner will respond to Petitioner’s case. Petitioner then will make use of its
`rebuttal time to respond to Patent Owner’s case.
`
`The hearing will commence at 1:00 PM Eastern Time on Wednesday, June
`19, 2019, and it will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia (Hearing
`
` 2
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`
`
`IPR2018-00643, IPR2018-00647
`Patent 8,675,719 B2
`
`Room A). In-person attendance 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.
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits must be served no
`later than seven (7) business days before the hearing date, and filed with the Board
`no later than the time of the hearing. 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 must initiate a conference call
`with us at least three (3) business days prior to the hearing date to resolve any
`dispute over the propriety of each party’s demonstrative exhibits. Regardless of
`whether the propriety of any demonstrative exhibit is disputed by either party, we
`consider demonstrative exhibits only to the extent (1) that they elucidate the
`parties’ arguments presented during the hearing; and (2) that they include only
`arguments and/or evidence already of record in these 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 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.
`The parties also should note that one member of the panel will be attending the
`hearing electronically from a remote location. If the parties have questions as to
`whether demonstrative exhibits would be sufficiently visible and available to each
`of the Administrative Patent Judges presiding over the hearing, the parties are
`invited to contact the Board at 571-272-9797.
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`IPR2018-00643, IPR2018-00647
`Patent 8,675,719 B2
`
`
`The Board expects lead counsel for each party to be present at the hearing;
`however, any backup counsel may make the actual presentation, in whole or in
`part. 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) business days
`prior to the hearing date to discuss the matter.
`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.
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`IPR2018-00643, IPR2018-00647
`Patent 8,675,719 B2
`
`For PETITIONER:
`
`Walter Renner
` Axf-ptab@fr.com
`
`Roberto Devoto
`devoto@fr.com
`
`Chris Marchese
`marchese@fr.com
`
`
`For PATENT OWNER:
`
`
`Michael A. Oblon
`moblon@jonesday.com
`
`Matthew W. Johnson
`mwjohnson@jonesday.com
`
`Douglas H. Pearson
`dhpearson@jonesday.com
`
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