`571-272-7822
`
`
`
`
`Paper 36
`Entered: February 22, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`NICHIA CORP.,
`Patent Owner.
`____________
`
`Case IPR2018-00386
`Patent No. 9,490,411 B2
`
`Case IPR2018-00437
`Patent No. 9,537,071 B2
`______________
`
`
`Before SALLY C. MEDLEY, WILLIAM V. SAINDON, and
`NATHAN A. ENGELS, Administrative Patent Judges.
`
`ENGELS, Administrative Patent Judge.
`
`
`
`
`
`
`
`VIZIO, INC.,
`Petitioner,
`
`v.
`
`ORDER
`Granting Oral Hearing
`37 C.F.R. § 42.5
`
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`
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`
`
`IPR2018-00386 (Patent No. 9,490,411 B2)
`IPR2018-00437 (Patent No. 9,537,071 B2)
`
`
`We instituted inter partes review in IPR2018-00386 with a Decision
`dated June 28, 2018 (Paper 15), and we instituted inter partes review in
`IPR2018-00437 with a Decision dated July 16, 2018 (Paper 17). Scheduling
`Orders in each proceeding set oral hearings, if requested, for March 5, 2019.
`IPR2018-00386, Paper 16; IPR2018-00437, Paper 18.
`In each proceeding, the parties have requested oral arguments to be
`combined in a single hearing with 75 minutes allocated to each party.
`IPR2018-00368, Paper 29, Paper 30; IPR2018-00437, Paper 40, Paper 41.
`The parties’ requests are granted.
`The hearing will be held on March 5, 2019 beginning at 1:00 PM
`Eastern Time on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. 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 for in-person attendance that
`will be accommodated on a first-come, first-served basis.
`The hearing will proceed consistent with the Office Patent Trial
`Practice Guide, as updated. See Office Patent Trial Practice Guide, 77 Fed.
`Reg. 48,756 (Aug. 14, 2012); Trial Practice Guide Update, 83 Fed. Reg.
`39,989 (Aug. 13, 2018) (explaining that the revised sections of the Trial
`Practice Guide are available at https://go.usa.gov/xU7GP). Petitioner bears
`the ultimate burden of proof in these proceedings, and Petitioner will
`therefore open the hearing by presenting its case regarding the challenged
`claims and Patent Owner’s proposed amended claims. Petitioner may
`reserve some (but not more than half) of its argument time for a rebuttal to
`any arguments presented by the Patent Owner. After Petitioner’s initial
`presentation, Patent Owner will be given an opportunity to present
`2
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`
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`IPR2018-00386 (Patent No. 9,490,411 B2)
`IPR2018-00437 (Patent No. 9,537,071 B2)
`
`arguments and also may reserve some of its argument time. Thereafter,
`Petitioner may use any reserved time to reply to Patent Owner’s
`presentation. Finally, if Patent Owner reserved some of its time, Patent
`Owner may request an opportunity to present a brief sur-rebuttal.
`Both parties are cautioned that oral argument can only address issues
`raised in the filed papers. See 37 C.F.R. § 42.70 (“A party may request oral
`argument on an issue raised in a paper at a time set by the Board”)
`(emphasis added). The parties are also reminded that, under 37 C.F.R. §
`42.70(b), demonstrative exhibits must be served at least seven business days
`before the hearing date. The parties must file the demonstratives, and any
`objections to the demonstratives, with the Board at least two business days
`before the hearing. Any objection to demonstrative exhibits that is not
`presented timely will be considered waived. The objections should identify
`with particularity which demonstratives 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 schedule a conference if deemed necessary. Otherwise, the
`Board will reserve ruling on the objections until after the oral argument.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, IPR2013-00041, Paper 65
`(PTAB January 27, 2014), for guidance regarding the appropriate content of
`demonstrative exhibits.
`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.
`
`3
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`
`
`IPR2018-00386 (Patent No. 9,490,411 B2)
`IPR2018-00437 (Patent No. 9,537,071 B2)
`
`
`Any requests for special 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 days before
`the hearing directed to the above email address.
`
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`4
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`IPR2018-00386 (Patent No. 9,490,411 B2)
`IPR2018-00437 (Patent No. 9,537,071 B2)
`
`For PETITIONER:
`Gabrielle Higgins
`Kathryn N. Hong
`ROPES & GRAY LLP
`gabrielle.higgins@ropesgray.com
`kathryn.hong@ropesgray.com
`
`For PATENT OWNER:
`Martin Zoltick
`Michael Jones
`Mark Rawls
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`mzoltick@rfem.com
`mjones@rfem.com
`mrawls@rfem.com
`
`
`
`5
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`
`
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