Trials@uspto.gov
`571-272-7822
`
`Paper 33
`Entered: May 22, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION,
`Petitioner,
`
`v.
`
`FUJIFILM CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2018-00876 (Patent 6,462,905 B1)
`Case IPR2018-00877 (Patent 6,462,905 B1)1
`____________
`
`Before SALLY C. MEDLEY, GREGG I. ANDERSON, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 The parties are not authorized to use this caption. The parties will continue
`to use the individual case captions.
`
`
`571-272-7822
`
`Paper 33
`Entered: May 22, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SONY CORPORATION,
`Petitioner,
`
`v.
`
`FUJIFILM CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2018-00876 (Patent 6,462,905 B1)
`Case IPR2018-00877 (Patent 6,462,905 B1)1
`____________
`
`Before SALLY C. MEDLEY, GREGG I. ANDERSON, and
`SHEILA F. McSHANE, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`1 The parties are not authorized to use this caption. The parties will continue
`to use the individual case captions.
`
`
`
`IPR2018-00876 (Patent 6,462,905)
`IPR2018-00877 (Patent 6,462,905)
`
`
`Sony Corporation (Petitioner) and FujiFilm Corporation (Patent
`
`Owner) have requested an Oral Hearing in the above captioned matters.
`
`’876 IPR, Paper 30 (Petitioner) and 32 (Patent Owner); ’877 IPR Paper 26
`
`(Petitioner) and 28 (Patent Owner). The requests are granted.
`
`Oral Hearing will commence at 1:00 PM Eastern Time, on Friday
`
`June 21, 2019, in Hearing Room A on the ninth floor of Madison
`
`Building East, 600 Dulany Street, Alexandria, Virginia. The Oral
`
`Hearing will be open to the public. The Board will provide a court reporter
`
`for the hearing, and the reporter’s transcript will constitute the official record
`
`of the Oral Hearing.
`
`The Petitioner requests forty five (45) minutes of total time for its
`
`argument in each case. ’876 IPR, Paper 30, 1; ’877 IPR, Paper 26, 1. Patent
`
`Owner does not request any specific time. Each party will have forty five
`
`(45) minutes total argument time for each case and only that case.
`
`Argument in the ’876 case will be heard first, followed by argument in the
`
`’877 case. A brief break will be provided after the argument in the ’876 case
`
`is completed.
`
`Petitioner bears the burden of proof to show the unpatentability of the
`
`challenged patent claims. For each session, Petitioner will proceed first with
`
`respect to all grounds asserted in the Petition for the case. Patent Owner
`
`then will respond to Petitioner and present any argument on its motion to
`
`exclude. ’876 IPR Paper 31; ’877 IPR Paper 27. Thereafter, Petitioner may
`
`use any reserved rebuttal time to address Patent Owners’ response and the
`
`motion to exclude. If requested, Patent Owner may use any reserved
`
`sur-rebuttal to address Petitioner’s rebuttal. Neither the Petitioner’s
`
`2
`
`
`
`IPR2018-00876 (Patent 6,462,905)
`IPR2018-00877 (Patent 6,462,905)
`
`rebuttal nor the Patent Owner’s sur-rebuttal may be more than half the
`
`total time allotted time for the parties’ argument in each case.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven business days before the hearing. The parties may refer 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), regarding the appropriate content of demonstrative exhibits. The
`
`parties shall meet and confer to discuss and resolve any objections to
`
`demonstrative exhibits. If any issues regarding demonstratives remain
`
`unresolved after the parties meet and confer, the parties shall file jointly a
`
`one-page list of objections to the demonstrative exhibits at least three
`
`business days before the hearing. For each objection, the list must identify
`
`with particularity the demonstratives subject to the objection and include a
`
`short, one-sentence statement explaining the objection. The panel will
`
`consider the objections and schedule a conference call if necessary.
`
`Otherwise, rulings on the objections will be reserved until the hearing or
`
`after the hearing. Any objection to demonstrative exhibits not presented
`
`timely will be considered waived. The parties are not authorized to file
`
`their demonstratives unless instructed by the Board. The parties are
`
`reminded that the demonstrative exhibits presented in this case are not
`
`evidence and are intended only to assist the parties in presenting their oral
`
`argument to the panel. The parties may mark each slide of demonstrative
`
`exhibits with the words “DEMONSTRATIVE EXHIBIT – NOT
`
`EVIDENCE” in the footer.
`
`Elaborate demonstrative exhibits are more likely to impede than
`
`help an oral argument. The most effective demonstrative exhibits tend
`
`3
`
`
`
`IPR2018-00876 (Patent 6,462,905)
`IPR2018-00877 (Patent 6,462,905)
`
`to be a few presentation slides and a handout or binder containing the
`
`demonstrative exhibits. The pages of each exhibit should be numbered
`
`and counsel should identify the exhibit numbers during course of oral
`
`argument.
`
`Requests for audio-visual equipment are to be made 5 days in advance
`
`of the hearing date. The request is to be sent directly to Trials@uspto.gov. If
`
`the request is not received timely, the equipment may not be available on the
`
`day of the hearing.
`
`Each party shall file its demonstrative exhibits to Trials@uspto.gov at
`
`least two business days prior to the hearing. Each party shall provide a hard
`
`copy of its demonstratives to the court reporter at the hearing. At least one
`
`judge will appear remotely and the parties are reminded that the 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 transcript.
`
`The Board normally expects lead counsel for each party to be present
`
`at hearings, although any backup counsel may make the actual presentation,
`
`in whole or in part. Requests for audio-visual equipment must be made by
`
`e-mail at least five days in advance of the hearing date to Trials@uspto.gov,
`
`else the equipment may be unavailable.
`
`ORDER
`
`Accordingly, it is
`
`ORDERED that the Oral Hearing shall commence at 1:00 PM
`
`Eastern Time, on Friday June 21, 2019, on the ninth floor of Madison
`
`Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`4
`
`
`
`IPR2018-00876 (Patent 6,462,905)
`IPR2018-00877 (Patent 6,462,905)
`
`
`PETITIONER:
`
`Richard Giunta
`Rgiunta-ptab@wolfgreenfield.com
`
`Michael Rader
`Mrader-ptab@wolfgreenfield.com
`
`Randy Pritzker
`Rpritzker-ptab@wolfgreenfield.com
`
`
`PATENT OWNER:
`
`Eliot Williams
`Eliot.williams@bakerbotts.com
`
`Robert Scheinfeld
`Robert.scheinfeld@bakerbotts.com
`
`Robert Maier
`Robert.maier@bakerbotts.com
`
`Jennifer Tempesta
`Jennifer.tempesta@bakerbotts.com
`
`Margaret Welsh
`Margaret.welsh@bakerbotts.com
`
`
`5
`
`
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