`Tel: 571-272-7822
`
`
` Paper: 31
`Entered: October 24, 2023
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`VOLKSWAGEN GROUP OFAMERICA, INC.,
`Petitioner,
`
`v.
`
`NEO WIRELESS LLC,
`Patent Owner.
`
`
`IPR2022-015371 (Patent 10,075,941 B2)
`IPR2022-015392 (Patent 10,965,512 B2)
`IPR2022-015673 (Patent 10,447,450 B2)
`
`
`
`
`Before HYUN J. JUNG and JO-ANNE M. KOKOSKI, Administrative
`Patent Judges.
`
`PER CURIAM.
`
`
`
`1 Ford Motor Company and American Honda Motor Co., Inc. are joined as
`petitioners to IPR2022-01537. See IPR2022-01537, Papers 22, 24.
`2 Ford Motor Company, General Motors LLC, Nissan North America, Inc.,
`Tesla, Inc., and American Honda Motor Co., Inc. are joined as petitioners in
`IPR2022-01539. See IPR2022-01539, Papers 9, 29.
`3 American Honda Motor Co. Inc. is joined as a petitioner in IPR2022-
`01567. See IPR2022-01537, Paper 24.
`
`
`
`IPR2022-01537 (Patent 10,075,941 B2)
`IPR2022-01539 (Patent 10,965,512 B2)
`IPR2023-01567 (Patent 10,447,450 B2)
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
` A
`
` conference call was held on October 19, 2023 between counsel for
`Volkswagen Group of America, Inc. (“Petitioner”) and Neo Wireless LLC
`(“Patent Owner”), and Judges Jung and Kokoski. The purpose of the call
`was to discuss Petitioner’s request for authorization to videotape the
`deposition of Patent Owner’s declarant, Mr. William P. Alberth Jr. See
`Paper 23 (Petitioner’s Notice of Deposition of William P. Alberth Jr.);
`Ex. 3001 (Petitioner’s email to the Board requesting a conference call to
`discuss the parties’ dispute).4
`During the call, Petitioner argued that videotaping the testimony will
`allow for a more accurate record of the testimony, because the subject matter
`is complex, and the testimony is likely to involve technological terms and
`acronyms. Petitioner also argued that having a video recording will preserve
`the testimony should credibility issues arise. Petitioner further stated that it
`does not intend to use the video to cast aspersions on Mr. Alberth’s
`appearance or nervousness. Petitioner represented that it will cover the cost
`of the recording.
`Patent Owner opposed Petitioner’s request. According to Patent
`Owner, Mr. Alberth is not routinely deposed and was not prepared to be
`videotaped, and subjecting him to a videotaped deposition is an unfair
`surprise. Patent Owner also asserted that the subject matter is not so
`
`
`4 All citations are to IPR2022-01537 with the understanding that the other
`proceedings include papers having substantially the same content.
`
`
`
`IPR2022-01537 (Patent 10,075,941 B2)
`IPR2022-01539 (Patent 10,965,512 B2)
`IPR2023-01567 (Patent 10,447,450 B2)
`
`complex as to require videotaping, and that Mr. Alberth speaks clearly so
`there should not be transcription problems. Patent Owner further asserted
`that the issue of videotaping the deposition was not discussed during the
`extensive negotiations between the parties regarding the scheduling of the
`deposition.
`We may authorize video-recorded testimony pursuant to 37 C.F.R.
`§ 42.53(a). Authorization to conduct a videotaped deposition does not, by
`itself, render the recording admissible in these proceedings, nor does it
`extend to even submitting or otherwise filing the recording in these
`proceedings. Rather, authorization to videotape deposition preserves an
`opportunity for the panel to observe the recorded testimony, should the need
`arise. The video-recording also may be used to assist the transcription of the
`testimony. Accordingly, after considering the parties’ arguments during the
`call, we authorized the videotaping of Mr. Alberth’s deposition in these
`proceedings.
`It is, therefore,
`ORDERED that Petitioner is authorized to videotape the deposition
`testimony of Patent Owner’s witness, Mr. Alberth; and
`FURTHER ORDERED that the authorization granted by this Order
`does not extend to the submission of the videotaped deposition testimony as
`evidence in this proceeding.
`
`
`
`
`
`IPR2022-01537 (Patent 10,075,941 B2)
`IPR2022-01539 (Patent 10,965,512 B2)
`IPR2023-01567 (Patent 10,447,450 B2)
`
`FOR PETITIONER:
`
`Michael D. Specht
`Daniel E. Yonan
`Ryan C. Richardson
`Timothy L. Tang
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`mspecht-PTAB@sternekessler.com
`dyonan-PTAB@sternekessler.com
`rrichardson-PTAB@sternekessler.com
`ttang-PTAB@sternekessler.com
`
`FOR PATENT OWNER:
`Kenneth J. Weatherwax
`Parham Hendifar
`LOWENSTEIN & WEATHERWAX LLP
`weatherwax@lowensteinweatherwax.com
`hendifar@lowensteinweatherwax.com
`
`Hamad Hamad
`CALDWELL, CASSADY, & CURRY P.C.
`hhamad@caldwellcc.com
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
