Trials@uspto.gov
`571-272-7822
`
`Paper 24
`Entered: October 2, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC., LG ELECTRONICS, INC.,
`LG ELECTRONICS, U.S.A., INC., LG ELECTRONICS MOBILECOMM
`U.S.A., INC., SAMSUNG ELECTRONICS CO., LTD, SAMSUNG
`ELECTRONICS AMERICA, INC., and HUAWEI DEVICE USA, INC.
`Petitioner,
`
`v.
`
`RYUJIN FUJINOMAKI,
`Patent Owner.
`____________
`
`Case IPR2016-015221
`Patent 6,151,493
`____________
`
`
`Before DAVID C. MCKONE, BARBARA A. PARVIS, and
`DANIEL N. FISHMAN, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`1 Case IPR2017-01017 has been joined with this proceeding.
`
`
`571-272-7822
`
`Paper 24
`Entered: October 2, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC., LG ELECTRONICS, INC.,
`LG ELECTRONICS, U.S.A., INC., LG ELECTRONICS MOBILECOMM
`U.S.A., INC., SAMSUNG ELECTRONICS CO., LTD, SAMSUNG
`ELECTRONICS AMERICA, INC., and HUAWEI DEVICE USA, INC.
`Petitioner,
`
`v.
`
`RYUJIN FUJINOMAKI,
`Patent Owner.
`____________
`
`Case IPR2016-015221
`Patent 6,151,493
`____________
`
`
`Before DAVID C. MCKONE, BARBARA A. PARVIS, and
`DANIEL N. FISHMAN, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`1 Case IPR2017-01017 has been joined with this proceeding.
`
`
`
`IPR2016-01522
`Patent 6,151,493
`
`The Scheduling Order set November 1, 2017, as the date for oral
`argument, if requested by the parties and granted by the Board. Paper 9.
`Both Petitioner and Patent Owner have requested oral argument. Papers 22,
`23. Petitioners and Patent Owner each request 45 minutes per side.
`The parties’ requests for oral argument are granted. Oral arguments
`will commence at 1:30 pm Eastern Time on November 1, 2017, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`Each side is allotted forty-five (45) minutes total to present its case.
`Petitioners2 will open the hearing by presenting their arguments regarding
`the challenged claims for which the Board instituted trial. Petitioners may
`reserve time for rebuttal arguments. Patent Owner will then respond to
`Petitioners’ arguments. Petitioners may then present rebuttal arguments.
`Patent Owner may not respond to Petitioners’ rebuttal arguments. No other
`arguments or motions may be presented.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public via in-person attendance on a first-come,
`first-served basis.
`
`
`2 As noted in our Order granting the Motion for Joinder filed by Petitioners
`Samsung Electronics Co., Ltd, Samsung Electronics America, Inc., and
`Huawei Device USA, Inc., in IPR2017-01017, the Samsung and Huawei
`petitioners agreed that “Samsung and Huawei should not be permitted to
`make their own arguments, jointly or individually, at the oral argument if
`Google or LG is a party at the time without prior authorization from the
`Board.” Paper 19, 6. If the Samsung and Huawei petitioners seek to present
`separate argument, they must first meet and confer with the Google and LG
`petitioners and Patent Owner to attempt to reach agreement and then
`schedule a teleconference with the panel to seek authorization.
`
`2
`
`
`
`IPR2016-01522
`Patent 6,151,493
`
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to work
`out any objections to demonstratives prior to involving the Board. At least
`two (2) business days prior to the hearing, the parties shall file the
`demonstrative exhibits with the Board. See id. The parties are directed to
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014)
`(Paper 65), for guidance regarding the appropriate content of demonstrative
`exhibits. The parties must initiate a conference call with the Board at least
`two (2) business days before the hearing to present any objection regarding
`the propriety of any demonstrative exhibit. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. As
`demonstrative exhibits are not themselves evidence, the Board asks the
`parties to confine demonstrative exhibit objections to those identifying
`egregious violations that are prejudicial to the administration of justice.
`The parties are reminded that 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. The parties also should note that at least one member
`of the panel will be attending the hearing electronically from a remote
`location and that if a demonstrative is not filed or otherwise made fully
`available or visible to the judge presiding over the hearing, that
`demonstrative will not be considered. The parties also should note that a
`panel member appearing remotely will not be able to hear the parties unless
`they speak into the microphone at the podium. If the parties have questions
`
`3
`
`
`
`IPR2016-01522
`Patent 6,151,493
`
`as to whether demonstrative exhibits would be sufficiently visible and
`available to all of the judges, the parties are invited to contact the Board at
`(571) 272-9797.
`The Board expects lead counsel for each party to be present in person
`at the hearing. If a party anticipates that its lead counsel will not be
`attending the oral arguments, the parties should initiate a joint telephone
`conference with the Board no later than two (2) business days prior to the
`oral hearing to discuss the matter. Any counsel of record, however, may
`present the party’s argument.
`The parties are reminded to direct their requests for audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`email address not less than five (5) days before the hearing. If the request is
`not received timely, the equipment may not be available on the day of the
`hearing.
`
`
`ORDER
`
`It is
`ORDERED that oral argument for this proceeding shall take place
`beginning at 1:30 pm Eastern Time on November 1, 2017, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria.
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2016-01522
`Patent 6,151,493
`
`
`
`PETITIONER:
`J. Steven Baughman
`Steven.baughman@ropesgray.com
`
`Gabrielle E. Higgins
`Gabrielle.higgins@ropesgray.com
`
`Kathryn N. Hong
`Kathryn.hong@ropesgray.com
`
`PATENT OWNER:
`Brent Bumgardner
`bbumgardner@nbclaw.net
`
`John Murphy
`murphy@nelbum.com
`
`5
`
`
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