Trials@uspto.gov
`571-272-7822
`
`Paper No. 42
`Date: November 15, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SPRINT SPECTRUM L.P.,
`Petitioner,
`
`v.
`
`GENERAL ACCESS SOLUTIONS, LTD.,
`Patent Owner.
`_________
`
`Cases1
`IPR2017-01885 (Patent 7,173,916 B2)
`IPR2017-01887 (Patent 6,891,810 B2)
`IPR2017-01889 (Patent 7,230,931 B2)
`____________
`
`Before MELISSA A. HAAPALA, Acting Vice Chief Administrative Patent
`Judge, and KALYAN K. DESHPANDE, and DAVID M. KOHUT,
`Administrative Patent Judges.
`
`HAAPALA, Acting Vice Chief Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 This Decision applies to each of the listed cases. The parties are not
`authorized to use a multiple case caption.
`
`
`571-272-7822
`
`Paper No. 42
`Date: November 15, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SPRINT SPECTRUM L.P.,
`Petitioner,
`
`v.
`
`GENERAL ACCESS SOLUTIONS, LTD.,
`Patent Owner.
`_________
`
`Cases1
`IPR2017-01885 (Patent 7,173,916 B2)
`IPR2017-01887 (Patent 6,891,810 B2)
`IPR2017-01889 (Patent 7,230,931 B2)
`____________
`
`Before MELISSA A. HAAPALA, Acting Vice Chief Administrative Patent
`Judge, and KALYAN K. DESHPANDE, and DAVID M. KOHUT,
`Administrative Patent Judges.
`
`HAAPALA, Acting Vice Chief Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 This Decision applies to each of the listed cases. The parties are not
`authorized to use a multiple case caption.
`
`
`
`IPR2017-01885 (Patent 7,173,916 B2)
`IPR2017-01887 (Patent 6,891,810 B2)
`IPR2017-01889 (Patent 7,230,931 B2)
`
`
`Petitioner and Patent Owner each filed requests for oral hearing in the
`above-captioned proceedings. Papers 40, 44. 2 The requests for oral hearing
`for these proceedings is granted.
`A combined hearing will be held for these cases. The hearing will
`commence at 9AM Eastern Time on December 5, 2018, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`Each side will have 90 minutes, total, to present its arguments for all
`three cases. Petitioner bears the ultimate burden of proof that Patent
`Owner’s claims at issue in this review are unpatentable. Accordingly,
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims and grounds set forth in the Petitions. After Petitioner’s
`presentation, Patent Owner will respond to Petitioner’s arguments.
`Petitioner may reserve up to half of its time for rebuttal to respond to Patent
`Owner’s arguments. Thereafter, Patent Owner may use any of its remaining
`time for sur-rebuttal, to respond to Petitioner’s rebuttal arguments.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. One
`combined transcript will be provided for all above captioned cases. At least
`one member of the panel may attend the oral argument remotely by use of
`two-way audio-visual communication equipment. The hearing will be open
`to the public for in-person attendance that will be accommodated on a first-
`come, first-served basis. If the parties have any concern about disclosing
`
`
`2 Our citations to Papers will be to those filed in IPR2017-01885. Similar
`Papers were filed in IPR2017-01887 and IPR2017-01889.
`
`2
`
`
`
`IPR2017-01885 (Patent 7,173,916 B2)
`IPR2017-01887 (Patent 6,891,810 B2)
`IPR2017-01889 (Patent 7,230,931 B2)
`
`confidential information, they are requested to contact the Board at least ten
`(10) days in advance of the hearing to discuss the matter.
`Per the recent update to the Office Patent Trial Practice Guide, either
`party may request a pre-hearing conference. Office Patent Trial Practice
`Guide, August 2018 Update, 83 Fed. Reg. 39,989 (Aug. 13, 2018) (found at
`the following link to the USPTO website:
`https://www.uspto.gov/sites/default/files/documents/2018_Revised_Trial_Pr
`actice_Guide.pdf). Requests for a pre-hearing conference must be made no
`later than DUE DATE 6. Prior to such a request, the parties shall meet and
`confer to discuss potential issues for the pre-hearing conference. To request
`such a conference, an email should be sent to Trials@uspto.gov including a
`brief list of items the parties would like to discuss with the panel and several
`dates and times of availability for one or both parties, as appropriate, that are
`generally no later than three (3) business days prior to the oral hearing.
`Please refer to the Guide for more information on the pre-hearing
`conference.
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`The parties are further reminded that, under 37 C.F.R. § 42.70(b),
`demonstrative exhibits must be served at least seven (7) business days before
`the hearing date. The parties also shall provide a courtesy copy of any
`demonstrative exhibits to the Board at least five business days prior to the
`hearing by emailing them to Trials@uspto.gov. Notwithstanding 37 C.F.R.
`
`3
`
`
`
`IPR2017-01885 (Patent 7,173,916 B2)
`IPR2017-01887 (Patent 6,891,810 B2)
`IPR2017-01889 (Patent 7,230,931 B2)
`
`§ 42.70(b), the parties shall not file any demonstrative exhibits in this
`proceeding without prior authorization from the Board. See 37 C.F.R.
`§ 42.5(b).
`The parties must meet and confer to discuss and resolve any
`objections to demonstrative exhibits. Any party with unresolved objections
`must file such objections with the Board at least two (2) business days
`before the hearing if no pre-hearing conference is requested or two (2)
`business days before a pre-hearing conference if one is scheduled. The
`objections should identify with particularity which demonstrative exhibits
`are subject to objection, and include a short (one sentence or less) statement
`of the reason for each objection. No argument or further explanation is
`permitted. The Board will consider the objections and, if no pre-hearing
`conference is requested, may schedule a conference if deemed necessary.
`Otherwise, the Board will reserve ruling on the objections until after the oral
`argument. Any objection to demonstrative exhibits that is not timely
`presented will be considered waived.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`v. The Board of Regents of the University of Michigan, IPR2013-00041
`(PTAB January 27, 2015) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits. Demonstrative exhibits used at the oral
`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 “DEMONSTRATIVE EXHIBIT – NOT
`EVIDENCE” in the footer. The parties are reminded that the presenter must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`
`4
`
`
`
`IPR2017-01885 (Patent 7,173,916 B2)
`IPR2017-01887 (Patent 6,891,810 B2)
`IPR2017-01889 (Patent 7,230,931 B2)
`
`screen number) referenced during the hearing to ensure the clarity and
`accuracy of the reporter’s transcript.
`Demonstrative exhibits cannot 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, demonstrative
`exhibits should cite to evidence in the record.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party expects that its lead counsel will not be attending
`the oral argument, 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 special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five (5) days
`before the hearing directed to the above email address.
`
`
`
`
`
`
`5
`
`
`
`IPR2017-01885 (Patent 7,173,916 B2)
`IPR2017-01887 (Patent 6,891,810 B2)
`IPR2017-01889 (Patent 7,230,931 B2)
`
`
`For PETITIONER:
`
`Robert Hilton
`rhilton@mcguirewoods.com
`
`George Davis
`gdavis@mcguirewoods.com
`
`Jason Cook
`jcook@mcguirewoods.com
`
`
`For PATENT OWNER:
`
`
`
`Anthony Dowell
`aedowell@dowellip.com
`
`Richard McCaulley
`rmccaulley@mccaulleydowell.com
`
`
`
`
`
`6
`
`
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