Trials@uspto.gov
`571-272-7822
`
`
`Paper 38
`Date Entered: December 22, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`TWITTER, INC., AND YELP INC.,
`Petitioner,
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00086
`Case IPR2014-00812
`Patent 7,101,536 B1
`___________
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`
`
`Before KALYAN K. DESHPANDE, BRIAN J. McNAMARA, and
`GREGG I. ANDERSON, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`
`571-272-7822
`
`
`Paper 38
`Date Entered: December 22, 2014
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`TWITTER, INC., AND YELP INC.,
`Petitioner,
`
`v.
`
`EVOLUTIONARY INTELLIGENCE, LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00086
`Case IPR2014-00812
`Patent 7,101,536 B1
`___________
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`
`
`Before KALYAN K. DESHPANDE, BRIAN J. McNAMARA, and
`GREGG I. ANDERSON, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`
`
`Case IPR2014-00086, IPR2014-00812
`Patent 7,101,536 B1
`
`
`A trial in this proceeding was instituted in IPR2014-00086 on April 25,
`2014. Paper 8 (“Decision to Institute”). A Scheduling Order, also entered on April
`25, 2014, set the date for oral hearing to January 6, 2015, if hearing is requested by
`the parties and granted by the Board. Paper 9. (“Scheduling Order”). An Order
`joining IPR2014-00812 to this proceeding was entered on June 25, 2014. Paper
`16. The parties have requested oral hearing pursuant to 37 C.F.R. § 42.70. The
`request is GRANTED.
`Each party will have 60 minutes of total argument time. Apple, Inc.,
`Twitter, Inc., and Yelp Inc. (“Petitioner”) bears the ultimate burden of proof that
`the claims at issue in this review are unpatentable. Therefore, at oral hearing
`Petitioner will proceed first to present its case with regard to the challenged claims
`on which basis we instituted trial. Although Petitioner includes three separate
`entities, the total time allotted to Petitioner is 60 minutes. Thereafter, Evolutionary
`Intelligence (“Patent Owner”) will argue its opposition to Petitioner’s case. Patent
`Owner will also present its own case with regard to its Motion to Exclude
`Evidence, Paper 34 (“Motion to Exclude”). Petitioner may then use any time
`Petitioner reserved to rebut to Patent Owner’s opposition and to oppose Patent
`Owner’s Motion to Exclude. Finally, Patent Owner may use any time it reserved
`solely to rebut Petitioner’s opposition to Patent Owner’s Motion to Exclude.
`There is a strong public policy interest in making all information presented
`in these proceedings public, as the review determines the patentability of claims in
`an issued patent and thus affects the rights of the public. This policy is reflected in
`part, for example, in 35 U.S.C. § 316(a)(1) and 35 U.S. C. § 326(a)(1) which
`provide that the file of any inter partes review or post grant review be made
`available to the public, except that any petition or document filed with the intent
`
`
`
`2
`
`
`
`Case IPR2014-00086, IPR2014-00812
`Patent 7,101,536 B1
`
`that it be sealed shall, if accompanied by a motion to seal, be treated as sealed
`pending the outcome of the ruling on the motion.
`There are no motions to seal in the present proceeding. Accordingly, the
`Board exercises its discretion to make the oral hearing publically available via in-
`person attendance.
`Specifically, the hearing will commence at 1:00 PM, on January 6, 2015 on
`the ninth floor of Madison Building East, 600 Dulaney Street, Alexandria, Virginia
`and it will be open to the public for in-person attendance. 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 five business days before the
`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`appropriate content of demonstrative exhibits. Any issue regarding demonstrative
`exhibits should be resolved at least two days prior to the hearing by way of a joint
`telephone conference call to the Board. The parties are responsible for requesting
`such a conference sufficiently in advance of the hearing to accommodate this
`requirement. Any objection to demonstrative exhibits that is not timely presented
`will be considered waived. Demonstratives should be filed at the Board no later
`than two days before the hearing. A hard copy of the demonstratives should be
`provided to the court reporter at the hearing.
`Questions regarding specific audio-visual equipment should be directed to
`the Board at (571) 272-9797. Requests for audio-visual equipment are to be
`made 5 days in advance of the hearing date. The request is to be sent to
`Trials@uspto.gov. If the request is not received timely, the equipment may
`
`
`
`3
`
`
`
`Case IPR2014-00086, IPR2014-00812
`Patent 7,101,536 B1
`
`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 member
`of the panel for this proceeding will be attending the hearing electronically from a
`remote location and that if a demonstrative is not filed or otherwise made fully
`available or visible to the judge presiding over the hearing remotely, that
`demonstrative will not be considered. If the parties have questions as to whether
`demonstrative exhibits would be sufficiently visible and available to all of the
`judges, the parties are invited to contact the Board at 571-272-9797.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, lead or backup counsel may present the party’s argument.
`If either party anticipates that its lead counsel will not be attending the oral
`argument, the parties should initiate a joint telephone conference with the Board no
`later than two business days prior to the oral hearing to discuss the matter.
`
`4
`
`
`
`
`
`
`
`Case IPR2014-00086, IPR2014-00812
`Patent 7,101,536 B1
`
`PETITIONER:
`
`Jeffrey Kushan
`jkushan@sidley.com
`
`
`Vaibhav P. Kadaba
`wkadaba@kilpatricktownsend.com
`
`Robert J. Artuz
`rartuz@kilpatricktownsend.com
`
`
`
`PATENT OWNER:
`
`Anthony Patek
`pto@gutridesafier.com
`
`
`Todd Kennedy
`todd@guttridesafier.com
`
`
`
`
`5
`
`
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