Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 26
` Entered: April 16, 2021
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`LKQ CORPORATION and
`KEYSTONE AUTOMOTIVE INDUSTRIES, INC.,
`Petitioner,
`
`v.
`
`GM GLOBAL TECHNOLOGY OPERATIONS LLC,
`Patent Owner.
`____________
`
`IPR2020-00534
`Patent D797,625 S
`____________
`
`
`
`
`
`Before GRACE KARAFFA OBERMANN, SCOTT A. DANIELS, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`
`ORDER GRANTING REQUESTS FOR ORAL ARGUMENT
`37 C.F.R. § 42.7
`
`
`Tel: 571-272-7822
`
`Paper 26
` Entered: April 16, 2021
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`LKQ CORPORATION and
`KEYSTONE AUTOMOTIVE INDUSTRIES, INC.,
`Petitioner,
`
`v.
`
`GM GLOBAL TECHNOLOGY OPERATIONS LLC,
`Patent Owner.
`____________
`
`IPR2020-00534
`Patent D797,625 S
`____________
`
`
`
`
`
`Before GRACE KARAFFA OBERMANN, SCOTT A. DANIELS, and
`CHRISTOPHER G. PAULRAJ, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`
`ORDER GRANTING REQUESTS FOR ORAL ARGUMENT
`37 C.F.R. § 42.7
`
`
`
`IPR2020-00534
`Patent D797,625 S
`
`A.
`
`ORAL ARGUMENT
`
`I.
`Time and Format
`Petitioner and Patent Owner have each requested that an oral hearing
`be scheduled. Petitioner requested 90 minutes and Patent Owner requested
`30 minutes for oral argument time. Papers 24, 25. The parties’ requests are
`granted to the extent that both parties are allotted 60 minutes each to present
`arguments.
`Oral arguments will commence at 1:00 PM Eastern Time on April
`27, 2021, by videoconference. The parties are directed to contact the Board
`at least 5 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. The parties shall not make, or permit others to make, audio
`or visual recordings of the proceeding.
`If at any time during the proceeding, you encounter technical or other
`difficulties that fundamentally undermine your ability to adequately
`represent your client, please let the Panel know immediately, and
`adjustments will be made.1
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov five business days prior to the oral hearing date
`to receive videoconference set-up information. As a reminder, all
`arrangements and expenses related to a party’s appearance by video, such as
`the selection of the facility to be used from which a party will attend by
`video, are the responsibility of that party. If a video connection cannot be
`
`
`1 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`IPR2020-00534
`Patent D797,625 S
`established, the parties will be provided with dial-in connection information,
`and the oral hearing will be conducted telephonically.
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above email
`address five business days prior to the hearing to receive dial-in connection
`information.
`Please unmute yourself only when speaking. The panel will have
`access to all papers filed with the Board, including demonstratives. During
`the oral hearing, the parties are advised to identify clearly and specifically
`each demonstrative referenced (e.g., by slide or screen number) to ensure the
`clarity and accuracy of the court reporter’s transcript. In addition, the parties
`are advised to identify themselves each time they speak. Furthermore, the
`remote nature of the oral hearing may also result in an audio lag, and so the
`parties are advised to observe a pause prior to speaking, so as to avoid
`speaking over others.
`Petitioner bears the ultimate burden of proof that the claims at issue in
`this review are unpatentable. Therefore, at oral hearing, Petitioner will
`proceed first to present its arguments with regard to the challenged claims
`and grounds on which we instituted trial in the above-captioned proceeding.
`Petitioner may reserve some (but not more than half) of its allotted argument
`time for rebuttal to respond to Patent Owner’s arguments.
`After Petitioner’s initial presentation, Patent Owner will argue its
`opposition to Petitioner’s case and present the issues for which it bears the
`ultimate burden, including argument on any of Patent Owner’s pending
`motions. Thereafter, Petitioner may use any reserved time to respond to
`Patent Owner’s presentation. Patent Owner may reserve some (but no more
`than half) of its allotted argument time for sur-rebuttal to respond to
`
`3
`
`
`
`IPR2020-00534
`Patent D797,625 S
`Petitioner’s arguments.2 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 parties “may only present
`arguments relied upon in the papers previously submitted.” CTPG, p. 86.
`B. Demonstratives
`Pursuant to 37 C.F.R. § 42.70(b), the parties shall serve any
`demonstrative exhibits upon each other at least seven business days prior to
`the hearing. The parties also shall provide the demonstrative exhibits to the
`Board at least seven business days prior to the hearing by emailing them to
`PTABHearings@uspto.gov. The parties shall not file any demonstrative
`exhibits in this case without our prior authorization. 37 C.F.R.
`§§ 42.5(b), 42.70(b). The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of
`Michigan, IPR2013-00041, slip op. 2–5 (PTAB Jan. 27, 2014) (Paper 65),
`and CBS Interactive Inc., v. Helferich Patent Licensing, LLC, IPR2013-
`00033, slip op. at 2–4 (PTAB Oct. 23, 2013) (Paper 118), for guidance
`regarding the appropriate content of demonstrative exhibits. Demonstratives
`may not be used to advance arguments or introduce evidence not previously
`presented in the record. See Dell Inc. v. Acceleron, LLC, 884 F.3d 1364,
`1369 (Fed. Cir. 2018) (noting that the “Board was obligated to dismiss [the
`petitioner’s] untimely argument . . . raised for the first time during oral
`argument”). Instead, demonstratives should cite to the briefs and evidence
`in the record.
`
`2 See Office Consolidated Trial Practice Guide (“CTPG”), November 2019
`Edition, p. 83, available at
`https://www.uspto.gov/TrialPracticeGuideConsolidated.
`
`4
`
`
`
`IPR2020-00534
`Patent D797,625 S
`Presenting Counsel
`C.
`The Board expects lead counsel for each party to be present at the oral
`hearing. Any counsel of record may present the party’s argument as long as
`lead counsel also is present.
`Audio/Visual Equipment Requests
`D.
`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 a video oral hearing, such as a request to
`accommodate visual or hearing 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.
`Remote Attendance Requests
`E.
`Members of the public may request to listen in on this oral hearing. If
`resources are available, the Board generally expects to grant such requests.
`If either party objects to the Board granting such requests, for example,
`because confidential information may be discussed, the party must notify the
`Board by contacting PTABHearings@uspto.gov at least five business days
`prior to the oral hearing date.
`Legal Experience and Advancement Program
`F.
`The Board has established the “Legal Experience and Advancement
`Program,” or “LEAP,” to encourage advocates with less legal experience to
`argue before the Board to develop their skills. Either party may request that
`a qualifying LEAP practitioner participate in the program and conduct at
`least a portion of the party’s oral argument. The Board will grant up to
`fifteen (15) minutes of additional argument time to that party, depending on
`the length of the proceeding and the PTAB’s hearing schedule. A party
`
`5
`
`
`
`IPR2020-00534
`Patent D797,625 S
`should submit a request, no later than five (5) business days before the oral
`hearing, by email to the Board at PTABHearings@uspto.gov. Additional
`information and a combined LEAP Practitioner Request for Oral Hearing
`Participation and Verification Form is available on the LEAP website,
`www.uspto.gov/leap.
`
`II. ORDER
`
`Accordingly, it is
`ORDERED that oral argument for this proceeding shall commence at
`1:00 PM Eastern Time on April 27, 2021, by video, and proceed in the
`manner set forth herein.
`
`6
`
`
`
`IPR2020-00534
`Patent D797,625 S
`PETITIONER:
`
`Barry F. Irwin
`Reid Huefner
`IRWIN IP LLC
`birwin@irwinip.com
`rhuefner@irwinip.com
`
`PATENT OWNER:
`
`Dorothy P. Whelen
`Craig A. Deutsch
`Grace J. Kim
`Jennifer Huang
`Joseph A. Herriges
`FISH & RICHARDSON P.C.
`whelan@fr.com
`deutsch@fr.com
`gkim@fr.com
`jhuang@fr.com
`herriges@fr.com
`
`7
`
`
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