`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
`
`
` Paper 26
`
`
`
`
` Entered: October 8, 2014
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`PERSONALWEB TECHS., LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Patent Owners.
`
`
`____________
`
`Case IPR2013-00596
`Patent 7,802,310 B2
`____________
`
`
`
`
`Before KEVIN F. TURNER, JONI Y. CHANG, and
`MICHAEL R. ZECHER, Administrative Patent Judges.
`
`
`CHANG, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Case IPR2013-00596
`Patent 7,802,310 B2
`
`On March 26, 2014, the instant inter partes review was instituted. Paper 9.
`
`Both parties requested an oral hearing pursuant to 37 C.F.R. § 42.70. Papers 24,
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`25. The parties’ requests are granted. The hearing will commence at 1:00 PM
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`EST, on November 17, 2014.
`
`Although Petitioner identifies the issues to be presented at the oral hearing,
`
`Petitioner did not specify the amount of oral argument time it was requesting.
`
`Paper 25. On the other hand, Patent Owners request one hour of oral argument
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`time. Paper 24. We have reviewed the parties’ requests, including their lists of
`
`issues, and we believe a total of two hours of oral argument time for both parties
`
`will be sufficient. Accordingly, each party will have sixty (60) minutes of total
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`time to present arguments.
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`At the oral hearing, Petitioner will proceed first to present its case as to the
`
`challenged claims and grounds the Board instituted trial. Thereafter, Patent
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`Owners will respond to Petitioner’s case. After that, Petitioner will make use of
`
`the rest of its time responding to Patent Owners’ presentation.
`
`
`
`The hearing 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.
`
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served no later
`
`than five business days before the hearing. They shall be filed with the Board no
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`later than three business days prior to the hearing and the parties must initiate a
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`conference call with the Board at least two business days prior to the hearing to
`
`2
`
`
`
`Case IPR2013-00596
`Patent 7,802,310 B2
`
`resolve any dispute over the propriety of each party’s demonstrative exhibits. For
`
`guidance on what constitutes an appropriate demonstrative exhibit, the parties are
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`directed to CBS Interactive Inc., v. Helferich Patent Licensing, LLC,
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`IPR2013-00033, Paper 118 (PTAB Oct. 23, 2013).
`
`
`
`The Board expects lead counsel for each party to be present at oral 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 oral argument, the
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`Board should be notified via a joint telephone conference call no later than two
`
`business days prior to the oral hearing to discuss the matter.
`
`Requests for audio-visual equipment are to be made at least five business
`
`days in advance of the hearing date by sending the request to Trials@uspto.gov. If
`
`the request is not received timely, the equipment may not be available on the day
`
`of the hearing.
`
`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 reporter’s transcript.
`
`The parties also should note that one panel member will be attending the hearings
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`electronically from a remote location and that if a demonstrative is not filed or
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`otherwise made fully available or visible to the judge presiding over the hearing
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`remotely, that demonstrative will not be considered. If the parties have questions
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`as to whether demonstrative exhibits would be sufficiently visible and available to
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`all of the judges, the parties are invited to contact the Board at (571) 272-9797.
`
`
`
`
`
`3
`
`
`
`Case IPR2013-00596
`Patent 7,802,310 B2
`
`For PETITIONER:
`
`David K.S. Cornwell
`Mark Ryiel
`Sterne, Kessler, Goldstein & Fox PLLC
`davidc-PTAB@skgf.com
`mrygiel-PTAB@skgf.com
`
`
`
`
`For PATENT OWNER:
`
`Joseph A. Rhoa
`Updeep (Mickey) S. Gill
`Nixon & Vanderhye, PC
`jar@nixonvan.com
`usg@nixonvan.com
`
`
`
`
`
`
`4
`
`
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