`571-272-7822
`
`
`
` Paper 27
`
` Entered: September 13, 2013
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RESEARCH IN MOTION CORPORATION
`Petitioner
`
`v.
`
`MOBILEMEDIA IDEAS LLC
`Patent Owner
`____________
`
`Case IPR2013-00016
`Patent 6,441,828
`____________
`
`
`
`
`Before SALLY C. MEDLEY, KEVIN F. TURNER, and JONI Y. CHANG,
`Administrative Patent Judges.
`
`
`CHANG, Administrative Patent Judge
`
`
`
`
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`
`
`Case IPR2013-00016
`Patent 6,441,828
`
`On March 18, 2013, the instant inter partes review was instituted.
`
`Paper 16. Both parties requested a hearing pursuant to 37 C.F.R. § 42.70.
`
`Papers 25 and 26. The requests are granted.
`
`Each party will have sixty (60) minutes of total time to present
`
`arguments. BlackBerry, as petitioner, bears the ultimate burden of proof that
`
`the challenged claims of Patent 6,441,828 are unpatentable. Therefore, at
`
`the hearing, BlackBerry will proceed first to present its case as to the
`
`challenged claims on which basis the Board instituted trial.
`
`Thereafter, MobileMedia will respond to BlackBerry’s case, and also
`
`present its own case with regard to the motion to amend claims (Paper 21),
`
`as MobileMedia bears the burden of proof on its motion to amend claims.
`
`MobileMedia may reserve rebuttal time for its case as to the motion to
`
`amend claims.
`
`After that, BlackBerry will make use of the rest of its time responding
`
`to MobileMedia’s presentation on all matters. Finally, if MobileMedia
`
`reserves rebuttal time, MobileMedia will address only issues raised by
`
`BlackBerry regarding the motion to amend claims.
`
`
`
`The hearing will commence at 3:30 PM, on October 18, 2013, and it
`
`will be open to the public for in-person attendance, on the ninth floor of
`
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. In-person
`
`attendance will be accommodated on a first come first serve basis.
`
`
`
`The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing.
`
`2
`
`
`
`Case IPR2013-00016
`Patent 6,441,828
`
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five business days before the hearing. They shall be filed at the Board two
`
`business days prior to the hearing, and the parties must initiate a conference
`
`call with the Board by two business days prior to the hearing to resolve any
`
`dispute over the propriety of each party’s demonstrative exhibits.
`
`
`
`The Board expects lead counsel for each party to be present at
`
`hearing, although any backup counsel may make the actual presentation, in
`
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`
`Board should be notified via a joint telephone conference call no later than
`
`two days prior to the oral hearing to discuss the matter.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`
`
`Case IPR2013-00016
`Patent 6,441,828
`
`PETITIONER:
`
`Robert C. Mattson
`Oblon Spivak
`cpdocketmattson@oblon.com
`
`
`PATENT OWNER:
`
`Anthony C. Coles
`PROSKAUER ROSE LLP
`acoles@proskauer.com
`
`
`4
`
`
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