Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
`
`
`
` Paper No. 44
`
`
` Entered: May 16, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`M & K HOLDINGS INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00696 (Patent 9,113,163 B2)
`Case IPR2018-00697 (Patent 9,191,673 B2)
` Case IPR2018-00698 (Patent 9,197,896 B2)1
`____________
`
`Before MELISSA A. HAAPALA, Acting Vice Chief Administrative Patent
`Judge, and KARL D. EASTHOM and SHARON FENICK, Administrative
`Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 This Order applies to each of the three listed cases. The parties shall not
`employ this heading and filing style.
`
`
`Tel: 571-272-7822
`
`
`
`
`
`
`
`
`
`
` Paper No. 44
`
`
` Entered: May 16, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
`M & K HOLDINGS INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00696 (Patent 9,113,163 B2)
`Case IPR2018-00697 (Patent 9,191,673 B2)
` Case IPR2018-00698 (Patent 9,197,896 B2)1
`____________
`
`Before MELISSA A. HAAPALA, Acting Vice Chief Administrative Patent
`Judge, and KARL D. EASTHOM and SHARON FENICK, Administrative
`Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 This Order applies to each of the three listed cases. The parties shall not
`employ this heading and filing style.
`
`
`
`IPR2018-00696 (Patent 9,113,163 B2)
`IPR2018-00697 (Patent 9,191,673 B2)
`IPR2018-00698 (Patent 9,197,896 B2)
`
`
`The parties request a consolidated oral argument for the three cases
`pursuant to 37 C.F.R. § 42.70(a). Papers 34, 35.2 We grant the parties’
`requests.
`Each party will have 90 minutes total to present its arguments for the
`three cases. See Paper 34, 2 (Patent Owner requesting 75 minutes to argue
`the three cases collectively); Paper 35, 2 (Petitioner requesting 90 minutes to
`argue the three cases collectively). Petitioner bears the ultimate burden of
`proof to show unpatentability of the challenged claims. See 35 U.S.C.
`§ 316(e). At oral argument, therefore, Petitioner will proceed first to argue
`the grounds of unpatentability on which we instituted trial, and may reserve
`rebuttal time (no more than 45 minutes). Thereafter, Patent Owner may
`respond to Petitioner’s presentation and may reserve time for sur-rebuttal. If
`Petitioner reserves rebuttal time, Petitioner may then reply to Patent Owner’s
`responses.3 Finally, Patent Owner may present a brief sur-rebuttal
`responding to Petitioner’s rebuttal arguments.
`Oral argument will commence on June 11, 2019 at 1:30 PM Eastern
`Time at the U.S. Patent & Trademark Office in Alexandria, Virginia.
`All attendees must present a valid form of government-issued identification
`in order to enter the building and may be subject to security screening. The
`hearing will be open to the public for in-person attendance on a first-come,
`
`
`2 References to the record herein refer to IPR2018-00696. The three cases
`include similar filings.
`3 Because each party has the burden on any motion it files, Patent Owner
`may address its Motion to Exclude Evidence (Paper 33) during its response
`time if desired, and then Petitioner may respond during its rebuttal time if
`desired. Or the parties may rest on their Papers.
`
`2
`
`
`
`IPR2018-00696 (Patent 9,113,163 B2)
`IPR2018-00697 (Patent 9,191,673 B2)
`IPR2018-00698 (Patent 9,197,896 B2)
`
`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.
`At least seven (7) business days prior to oral argument, each party
`shall serve on the other party any demonstrative(s) it intends to use during
`oral argument. See 37 C.F.R. § 42.70(b). The parties shall also file the
`demonstrative(s) in the record at least five (5) business days prior to oral
`argument. Demonstratives do not constitute evidence, but merely provide a
`visual aid at the oral arguments. Demonstratives may not introduce new
`evidence or raise new arguments unless addressing recent cases, and should
`cite to evidence in the record where applicable.
`The parties must attempt to resolve any objections to demonstratives
`prior to involving the Board. The parties must request a conference call with
`the Board at least three (3) business days before the hearing to present any
`unresolved objection regarding the propriety of any demonstrative. Any
`untimely objection to demonstratives shall constitute a waiver of the
`objection. The parties must confine demonstrative objections to those
`identifying violations prejudicial to the administration of justice.
`To aid in the preparation of an accurate transcript, each party shall
`provide paper copies of its demonstratives to the court reporter on the day of
`the oral argument. Each presenter must identify clearly and specifically
`each demonstrative (e.g., by slide or screen number), paper, or exhibit
`referenced during the oral arguments to ensure the clarity and accuracy of
`the transcript.
`
`3
`
`
`
`IPR2018-00696 (Patent 9,113,163 B2)
`IPR2018-00697 (Patent 9,191,673 B2)
`IPR2018-00698 (Patent 9,197,896 B2)
`
`
`The Board expects lead counsel for each party to be present in person
`at oral argument. If a party anticipates that its lead counsel will not attend,
`the parties should request a joint telephone conference with the Board no
`later than seven (7) business days prior to the oral argument to discuss the
`matter. Any counsel of record, however, may present the party’s arguments.
`Lead counsel and back-up counsel may use portable computers in the
`hearing rooms at the counsel tables and at the hearing room lectern. A party
`must request any audio-visual equipment desired five (5) business days in
`advance of the oral argument date. Please send any such requests to
`Trials@uspto.gov. An untimely request may result in unavailability of the
`equipment.
`So ORDERED.
`
`
`PETITIONER:
`
`Naveen Modi
`naveenmodi@paulhastings.com
`Joseph Palys
`josephpalys@paulhastings.com
`Quadeer Ahmed
`quadeerahmed@paulhastings.com
`
`PATENT OWNER:
`
`John Bauer
`jabauer@mintz.com
`Kongsik Kim
`kkim@mintz.com
`Jonathon Western
`jpwestern@mintz.com
`
`4
`
`
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