`Tel: 571-272-7822
`
`
`
`Paper 67
`Entered: February 3, 2014
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner
`
`v.
`
`ACHATES REFERENCE PUBLISHING, INC.
`Patent Owner
`____________
`
`Case IPR2013-00080 (Patent 6,173,403)
`Case IPR2013-00081 (Patent 5,982,889)1
`
`
`Before HOWARD B. BLANKENSHIP, JUSTIN T. ARBES, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 This Order addresses an issue pertaining to both cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`Case IPR2013-00080 (Patent 6,173,403)
`Case IPR2013-00081 (Patent 5,982,889)
`
`
`
`
`Petitioner and Patent Owner requested a hearing pursuant to 37 C.F.R.
`
`§ 42.70(a) in each of the instant proceedings. IPR2013-00080, Papers 63,
`
`64; IPR2013-00081, Papers 54, 56. The requests are granted.
`
`Each party will have ninety (90) minutes of total time to present
`
`arguments. Petitioner bears the ultimate burden of proof that the challenged
`
`claims are unpatentable. Therefore, Petitioner will proceed first to present
`
`its case as to the challenged claims in Case IPR2013-00080, and may reserve
`
`rebuttal time. Patent Owner then will respond to Petitioner’s case in Case
`
`IPR2013-00080. After that, Petitioner may use rebuttal time to respond to
`
`Patent Owner’s presentation regarding Case IPR2013-00080. The same
`
`format will follow for Case IPR2013-00081. Because the two cases are
`
`related with some overlapping issues, the Board anticipates that the parties
`
`will use more of their total ninety-minute allotted time for Case
`
`IPR2013-00080.
`
`The hearing will commence at 2:00 PM Eastern Time on February 26,
`
`2014, and 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 served
`
`basis.
`
`The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five business days prior to the hearing. They shall be filed with the Board
`
`two business days prior to the hearing and the parties must initiate a
`
`conference call with the Board at least two business days prior to the hearing
`
`to resolve any dispute over the propriety of each party’s demonstrative
`
`
`
`2
`
`
`
`Case IPR2013-00080 (Patent 6,173,403)
`Case IPR2013-00081 (Patent 5,982,889)
`
`exhibits. The parties are directed to IPR2013-00033, Paper 118, dated
`
`
`
`October 23, 2013, regarding the appropriate content of demonstrative
`
`exhibits.
`
`The Board expects lead counsel for Petitioner and Patent Owner to be
`
`present at the hearing, although any backup counsel may make the actual
`
`presentation, in whole or in part. If lead counsel for either party will not be
`
`in attendance at the hearing, the Board should be notified via a joint
`
`conference call no later than two days prior to the hearing to discuss the
`
`matter.
`
`Finally, Petitioner in its papers requested authorization to use a
`
`projector and screen at the hearing for displaying demonstrative exhibits.
`
`The Board will make a projector and screen available for both parties to use.
`
`Questions regarding specific audio-visual equipment should be directed to
`
`the Board at (571) 272-9797.
`
`
`
`
`
`3
`
`
`
`
`
`Case IPR2013-00080 (Patent 6,173,403)
`Case IPR2013-00081 (Patent 5,982,889)
`
`PETITIONER:
`
`Jeffrey P. Kushan
`Joseph A. Micallef
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`jmicallef@sidley.com
`
`
`PATENT OWNER:
`
`Brad D. Pedersen
`PATTERSON THUENTE PEDERSEN, P.A.
`prps@ptslaw.com
`
`Jason Paul DeMont
`KAPLAN BREYER SCHWARTZ & OTTESEN
`jpdemont@kbsolaw.com
`
`
`
`
`
`4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
