Trials@uspto.gov
`571-272-7822
`
`Paper No. 34
`Entered: March 2, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`____________
`
`Cases IPR2015-00369 and IPR2015-003731
`Patent 6,128,290
`____________
`
`Before JAMESON LEE, MATTHEW R. CLEMENTS, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`1 This order addresses issues pertaining to both IPR2015-00369 and
`IPR2015-00373. We exercise our discretion to issue a single order to be
`filed in each case. The parties, however, are not authorized to use this style
`heading in subsequent papers.
`
`
`571-272-7822
`
`Paper No. 34
`Entered: March 2, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.,
`Patent Owner.
`____________
`
`Cases IPR2015-00369 and IPR2015-003731
`Patent 6,128,290
`____________
`
`Before JAMESON LEE, MATTHEW R. CLEMENTS, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`1 This order addresses issues pertaining to both IPR2015-00369 and
`IPR2015-00373. We exercise our discretion to issue a single order to be
`filed in each case. The parties, however, are not authorized to use this style
`heading in subsequent papers.
`
`
`
`IPR2015-00369 and IPR2015-00373
`Patent 6,128,290
`
`
`The two instant proceedings pertain to the same challenged patent. In
`each proceeding, Petitioner and Patent Owner requested a hearing pursuant
`to 37 C.F.R. § 42.70(a). See IPR2015-00369, Papers 28, 30; IPR2015-
`00373, Papers 27, 29. The requests are granted.
`A single, combined hearing for the two proceedings will take place on
`March 15, 2016, at 1:00 PM Eastern Time. Petitioner and Patent Owner
`will each have sixty minutes 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 and may reserve rebuttal time. Patent Owner then will
`respond to Petitioner’s case. After that, Petitioner may use the rest of its
`time to respond to Patent Owner’s presentation. The parties should note that
`statements made in the combined hearing will have application in whichever
`underlying proceeding the record of which supports the statement.
`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
`served basis. The Board will provide a court reporter for the hearing, and
`the reporter’s transcripts 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. The parties shall confer with each
`other regarding any objections to demonstrative exhibits and file
`demonstrative exhibits with the Board at least two business days prior to the
`hearing. For any issue that cannot be resolved after conferring with the
`opposing party, the parties may file jointly a one-page list of objections and
`
` 2
`
`
`
`
`
`
`
`IPR2015-00369 and IPR2015-00373
`Patent 6,128,290
`
`shall request a conference call with the Board at least two business days
`prior to the hearing. The list should identify with particularity which
`demonstrative exhibits are subject to objection and include a short statement
`(no more than one sentence) of the reason for each objection. No argument
`or further explanation is permitted. Any objection to demonstrative exhibits
`that is not presented timely will be considered waived. Each party also shall
`provide a hard copy of its demonstrative exhibits to the court reporter at the
`hearing.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, Case IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013)
`(Paper 118), regarding the appropriate content of demonstrative exhibits.
`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 transcripts. The parties also should note that two members of the
`panel will be attending the hearing electronically from a remote location and
`that if a demonstrative exhibit is not filed or otherwise made fully available
`or visible to the judges presiding over the hearing remotely, that
`demonstrative exhibit will not be considered.
`For each proceeding, the Board expects lead counsel for Petitioner
`and Patent Owner to be present at the hearing, although any back-up counsel
`may make the actual presentation, in whole or in part. If lead counsel for
`any party will not be in attendance at the hearing, the Board should be
`notified via a joint conference call no later than two business days prior to
`the hearing to discuss the matter.
`
` 3
`
`
`
`
`
`
`
`IPR2015-00369 and IPR2015-00373
`Patent 6,128,290
`
`
`Requests for audio-visual equipment at the hearing are to be made
`five business days in advance of the hearing date. The requests must be sent
`to Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the days of the hearing. Further, 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.
`
`
` 4
`
`
`
`
`
`
`
`IPR2015-00369 and IPR2015-00373
`Patent 6,128,290
`
`For PETITIONER:
`
`David K.S. Cornwell
`Mark W. Rygiel
`Jason A. Fitzsimmons
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`davidc-PTAB@skgf.com
`mrygiel-PTAB@skgf.com
`jfitzsimmons-PTAB@skgf.com
`
`
`
`For PATENT OWNER:
`
`Andriy Lytvyn
`Anton J. Hopen
`Nicholas Pfeifer
`SMITH HOPEN PA
`andriy.lytvyn@smithhopen.com
`anton.hopen@smithhopen.com
`nicholas.pfeifer@smithhopen.com
`
`
` 5
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