On August 16, 2013, the Patent Trial and Appeal Board (PTAB) will hold its first ever oral hearing for an inter partes review proceeding. Fittingly, the hearing arises in the first IPR filed under the AIA, IPR2012-00001(Garmin International, Inc. et al. v. Cuozzo Speed Technologies LLC). These proceedings relate to Garmin International's challenge of U.S. Patent No. 6,778,074, owned by Cuozzo Speed Technologies and covering a speed limit indicator.
Garmin and Cuozzo will present arguments on the validity of original and substitute claims under 35 U.S.C. § 103 in view of various combinations of prior art—making this the first oral hearing before the PTAB to address obviousness under any AIA post-grant procedure. In contrast, the April 17, 2013, oral hearing in CBM2012-00001 under the Transitional Program for Covered Business Method Patents addressed validity only under 35 U.S.C. § 101.
The August 16 Oral Hearing will proceed at 1 p.m. Eastern at the U.S. Patent and Trademark Office and be publicly broadcast via teleconference. Access details to the teleconference number are available on the PTAB's website.
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