In its Order, the Board granted Patent Owner’s request to file a Motion for Observation of Petitioner’s Reply Witness. The Board denied Patent Owner’s request to move the oral hearing a few days to accommodate Patent Owner’s back-up counsel.
A motion for observation is a mechanism to draw the Board’s attention to relevant cross-examination testimony, not an opportunity to raise new issues, to re-argue issues, or to pursue objections. Each observation should not exceed on short paragraph in the following form:
In exhibit ___, on page ___, lines ___, the witness testified ___. That testimony is relevant to the ____ [stated or argued] on page ___, lines ___ of ___. The testimony is relevant because ___.
As for the denial of the request to move the oral hearing, the Board stated that purpose of having more than one counsel is so that one may be available if another is not. Hearings will not be rescheduled to accommodate one particular counsel when other counsel is available.
Sony Corp. v. Yissum Research Development Co. of the Hebrew University of Jerusalem,IPR2013-00218; IPR2013-00219
Papers 36, 42: Order on Conduct of the Proceeding
Dated: April 25, 2014
Patent: 6,665,003 B1 and 7,477,284 B2
Before: Sally C. Medley, Karl D. Easthom, and James B. Arpin
Written by: Medley