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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`___________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
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`SIRIUS XM RADIO INC.,
`Patent Owner,
`
`v.
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`FRAUNHOFER-GESELLSCHAFT ZUR FÖRDERUNG DER
`ANGEWANDTEN FORSCHUNG E.V.,
`Patent Owner.
`___________________
`
`Case IPR2018-00690
`Patent No. 6,314,289
`___________________
`
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`PATENT OWNER'S REQUEST FOR ORAL ARGUMENT
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`10822219
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`Fraunhofer (“Patent Owner”) respectfully requests an oral hearing in this
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`IPR2018-00690
`Patent No. 6,314,289
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`
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`matter. Per the Scheduling Order (Paper 30), Patent Owner understands that oral
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`argument in IPR2018-00690 will be held on May 19, 2020.
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`Patent Owner further requests 45 minutes of total argument time per side to
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`present its arguments in IPR2018-00690. Patent Owner specifies the following
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`issues to be argued (without intent to waive consideration of any allowable issue
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`not requested or raised):
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`1. The patentability of challenged claims 1-15, 17-33 and 35 of the ‘289
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`patent over all grounds asserted in the Petition.
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`2. Whether Petitioner has met its burden of proving Campanella and
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`Smallcomb are prior art.
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`3. Whether Petitioner has met its burden of proving Chen discloses all
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`asserted elements of the challenged claims, including (a) a partitioner
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`or partitioning, and (b) an encoder arranged to output two portions of
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`output bits.
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`4. Whether Petitioner has met its burden of proving Smallcomb discloses
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`all asserted elements of the challenged claims, including an encoder
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`arranged to output two portions of output bits.
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`5. Whether Petitioner has met its burden of proving that it would have
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`been obvious for a person of ordinary skill in the art at the time of the
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`10822219
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`- 1 -
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`IPR2018-00690
`Patent No. 6,314,289
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`invention to modify the cited references to utilize the specific generator
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`polynomials recited by dependent claims 7 and 24.
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`6. Whether Petitioner has met its burden of proving that its proposed
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`combinations and modifications of the cited references would have
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`been obvious to a person of ordinary skill in the art at the time of the
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`invention.
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`7. Exclusion of new arguments and evidence belatedly presented in the
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`Petitioner’s Reply, to the extent unresolved via pre-hearing conference,
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`or resolution of those new issues on their merits based on the arguments
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`and evidence identified in Patent Owner’s Sur-Reply.
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`8. Responding to any issues specified by Petitioner in its request for oral
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`argument in IPR2018-00690 or otherwise presented by Petitioner.
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`9. Any other relevant issues raised in papers filed in this proceeding,
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`including issues raised in papers yet to be filed.
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`10. Any additional issues on which the Board seeks clarification.
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`Petitioner is the party with the burden of proof and will therefore present
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`first at the oral hearing. Fraunhofer will address any issues raised by Petitioner, or
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`questions raised by the Board during Petitioner's presentation.
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`10822219
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`- 2 -
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`Patent Owner requests the ability to use audio/visual equipment to display
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`IPR2018-00690
`Patent No. 6,314,289
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`demonstrative exhibits, including the use of a computer, projector, and screen for a
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`PowerPoint display. In accordance with the Trial Practice Guide (77 Fed. Reg. at
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`48768) and Section II.M of the Consolidated Trial Practice Guide (2019), Patent
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`Owner will contact the Board Trial Division paralegal to discuss this request.
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`Date: April 7, 2020
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`Respectfully submitted,
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`
`
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`/Ben J. Yorks/
`Ben J. Yorks (Reg. No. 33,609)
`Babak Redjaian (Reg. No. 42,096)
`David McPhie (Reg. No. 56,412)
`Kamran Vakili (Reg. No. 64,825)
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067
`Tel: (310) 277-1010
`Fax: (310) 203-7199
`Email: FraunhoferIPRs@irell.com
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`10822219
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`- 3 -
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on April 7, 2020,
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`a copy of the foregoing document PATENT OWNER'S REQUEST FOR ORAL
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`ARGUMENT was served, by electronic mail, as agreed to by the parties, upon the
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`following:
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`KRAMER LEVIN NAFTALIS & FRANKEL LLP
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`Jonathan Caplan (Reg. No. 38,094)
`jcaplan@kramerlevin.com
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`Mark Baghdassarian (pro hac vice)
`mbaghdassarian@kramerlevin.com
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`Jeffrey H. Price (Reg. 69,141)
`jprice@kramerlevin.com
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`Shannon Hedvat (Reg. No. 68,417)
`shedvat@kramerlevin.com
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`/Susan M. Langworthy/
`By:
` Susan M. Langworthy
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`
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`10822219
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