Trials@uspto.gov
`571.272.7822
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`Paper 30
`Entered: March 12, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`COMCAST CABLE COMMUNICATIONS, LLC,
`Petitioner,
`v.
`ROVI GUIDES, INC.,
`Patent Owner.
`
`
`IPR2019-00555
`Patent 9,668,014 B2
`
`
`Before KARL D. EASTHOM, LYNNE E. PETTIGREW, and
`BARBARA A. PARVIS, Administrative Patent Judges.
`
`PARVIS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`
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`
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`IPR2019-00555
`Patent 9,668,014 B2
`
`
`On July 24, 2019, we instituted inter partes review in the instant
`proceeding and contemporaneously issued a Scheduling Order setting the
`date for oral argument to May 1, 2020. See Papers 11, 12. The parties filed
`requests for oral argument pursuant to 37 C.F.R. § 42.70(a). Papers 27, 29.
`Patent Owner requests that oral argument be held at the USPTO main office
`in Alexandria, Virginia. Paper 27, 1. Petitioner does not indicate a
`preference of location for the hearing. See generally Paper 29. The requests
`for oral argument are granted.
`Oral argument will commence at 9:30 AM Eastern Time, on May
`1, 2020, and will be conducted at the USPTO Headquarters, Ninth Floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`Each side will receive 60 minutes of total presentation time (including
`any rebuttal).
`At least one member of the panel may attend the hearing remotely by
`use of two-way audio-visual communication equipment. The hearing will be
`open to the public for in-person attendance, which will be accommodated on
`a first-come, first-served basis. The parties are directed to contact the Board
`at least 10 days in advance of the hearing if there are any concerns about
`disclosing confidential information. The Board will provide a court reporter
`for the hearing, and the reporter’s transcript will constitute the official record
`of the hearing.
`Each side will receive 60 minutes of total presentation time to present
`all arguments. Petitioner will open the hearing by presenting its case
`regarding the unpatentability of the challenged claims. Patent Owner then
`will respond to Petitioner’s presentation. Petitioner may reserve rebuttal
`time (of no more than half their total presentation time) to reply to Patent
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`IPR2019-00555
`Patent 9,668,014 B2
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`Owner’s arguments. Patent Owner may reserve sur-rebuttal time (of no
`more than half its total presentation time) to respond to Petitioner’s rebuttal.
`See Consolidated Trial Practice Guide, 83 (Nov. 2019), available at
`https://www.uspto.gov/sites/default/files/documents/tpgnov.pdf?MURL=.
`A pre-hearing conference call will be held upon request. Id. at 2.
`Prior to making such a request, Petitioner and Patent Owner shall meet and
`confer and, when possible, send a joint request to the Board with an agreed
`upon set of limited issues for discussion. A request for a pre-hearing
`conference may be made by email to Trials@uspto.gov, and shall include a
`list of issues to be discussed during the call and proposed times for the call,
`which should be no later than three (3) business days prior to the hearing.
`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. A
`hard copy of the demonstratives, if used, should be provided to the court
`reporter at the hearing. Also, Petitioner and Patent Owner are reminded that,
`at the oral argument, they “may rely upon . . . evidence that has been
`previously submitted in the proceeding and may only present argument
`relied upon in the papers previously submitted.” Consolidated Trial Practice
`Guide, 85–86. “[N]o new evidence [or arguments] may be presented at the
`oral argument.” Id.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served on
`the opposing party or parties seven (7) business days prior to the hearing.
`Demonstrative exhibits used at the hearing are aids to oral argument and not
`evidence, and should be clearly marked as such. For example, each slide of
`a demonstrative exhibit may be marked with the words
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`IPR2019-00555
`Patent 9,668,014 B2
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`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`Consolidated Trial Practice Guide, 84.
`The Board expects that Petitioner and Patent Owner will meet and
`confer in good faith to resolve any objections to demonstrative exhibits, but
`if such objections cannot be resolved, Petitioner and Patent Owner are
`directed to request a conference call with the Board no later than three (3)
`business days prior to the hearing to resolve any dispute over the propriety
`of demonstrative exhibits. Petitioner and Patent Owner are responsible for
`requesting such a conference sufficiently in advance of the hearing to
`accommodate this requirement. Any objection to demonstrative exhibits
`that is not presented timely will be considered waived. The Board asks
`Petitioner and Patent Owner to confine demonstrative exhibit objections to
`those identifying egregious violations that are prejudicial to the
`administration of justice. Petitioner and Patent Owner may refer to CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper
`118 (PTAB Oct. 23, 2013), and St. Jude Medical, Cardiology Div., Inc. v.
`The Board of Regents of the University of Michigan, IPR2013-00041, Paper
`65 (PTAB Jan. 27, 2014), regarding the appropriate content of demonstrative
`exhibits. Petitioner and Patent Owner are directed to file their demonstrative
`exhibits, marked as noted above, in the record at least three (3) business days
`prior to the hearing.
`The Board expects lead counsel for each side to be present in person
`at the oral hearing. Any counsel of record, however, may present argument
`as long as that counsel is present in person. If either side expects that its
`lead counsel will not be attending the oral argument, the parties should
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`IPR2019-00555
`Patent 9,668,014 B2
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`initiate a joint telephone conference with the Board no later than two (2)
`business days prior to the oral hearing to discuss the matter.
`A party may request that counsel be permitted to present arguments
`remotely from an alternative USPTO location. The available locations
`include the Texas Regional Office in Dallas, Texas; the Rocky Mountain
`Regional Office in Denver, Colorado; the Elijah J. McCoy Midwest
`Regional Office in Detroit, Michigan; and the Silicon Valley Office in San
`Jose, CA. To request that counsel be permitted to present arguments from a
`remote location, a party should send an email message to
`PTABHearings@uspto.gov at least ten business days or as soon as practical
`prior to the hearing and provide a short statement of reasons for the request.
`The Board will notify the parties if the request is approved. Approval of the
`request does not guarantee that a panel member will be present at the remote
`location.
`A party may also request remote video attendance for one or more of
`its other attendees to view the hearing from any USPTO location. To
`request remote video viewing, a party must send an email message to
`PTABHearings@uspto.gov ten business days prior to the hearing, indicating
`the requested location and the number planning to view the hearing from the
`remote location. The Board will notify the parties if the request for video
`viewing is granted. Note that it may not be possible to grant the request due
`to the availability of resources.
`Any special requests for audio-visual equipment should be directed to
`PTABHearings@uspto.gov. A party may also indicate any special requests
`related to appearing at an in-person oral hearing, such as a request to
`accommodate physical needs that limit mobility or visual or hearing
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`IPR2019-00555
`Patent 9,668,014 B2
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`impairments, and indicate how the PTAB may accommodate the special
`request. Any special requests must be presented in a separate
`communication not less than five (5) days before the hearing.
`It is
`ORDERED that, subject to the procedures and requirements set forth
`above, the requests for oral argument in IPR2019-00555 are granted; and
`FURTHER ORDERED that oral argument in IPR2019-00555,
`conducted in accordance with the procedures above, shall commence at 9:30
`AM Eastern Time, on May 1, 2020.
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`IPR2019-00555
`Patent 9,668,014 B2
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`PETITIONER:
`
`Frederic M. Meeker
`Bradley C. Wright
`Michael S. Cuviello
`Jordan N. Bodner
`Christopher L. McKee
`Blair A. Silver
`Thomas K. Pratt
`Eric A. Zelepugas
`Azuka C. Dike
`BANNER & WITCOFF, LTD.
`fmeeker@bannerwitcoff.com
`bwright@bannerwitcoff.com
`mcuviello@bannerwitcoff.com
`jbodner@bannerwitcoff.com
`cmckee@bannerwitcoff.com
`bsilver@bannerwitcoff.com
`tpratt@bannerwitcoff.com
`ezelepugas@bannerwitcoff.com
`adike@bannerwitcoff.com
`
`PATENT OWNER:
`
`Jason D. Eisenberg
`Christian A. Camarce
`Tyler J. Dutton
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jasone-PTAB@sternekessler.com
`ccamarce-PTAB@sternekessler.com
`tdutton-PTAB@sternekessler.com
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