Paper 43
`Date: November 27, 2015
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`ZTE CORPORATION and ZTE (USA) INC.,
`Petitioners,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-004121
`Patent 7,365,871 B2
`_______________
`
`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`
`
`
`Trial Hearing Order
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`
`
`1 IPR2015-01366 has been joined with IPR2015-00412.
`
`
`Date: November 27, 2015
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`ZTE CORPORATION and ZTE (USA) INC.,
`Petitioners,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-004121
`Patent 7,365,871 B2
`_______________
`
`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`
`
`
`Trial Hearing Order
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`
`
`1 IPR2015-01366 has been joined with IPR2015-00412.
`
`
`
`IPR2015-00412
`Patent 7,365,871 B2
`
`
`
`
`
`
`
`
`
`Both parties requested a hearing pursuant to 37 C.F.R. § 42.70(a).
`
`Paper 40; Paper 42. The request is granted.
`
`Also, in response to an inquiry from the Board asking for alternative
`
`hearing dates, the parties requested to move the hearing to a date between
`
`January 6, 2016 and January 15, 2016. That request also is granted.
`
`Each party will have forty-five (45) minutes of total time to present
`
`arguments. Petitioner bears the ultimate burden of proof that Patent
`
`Owner’s original patent claims at issue are unpatentable. Therefore, at oral
`
`hearing, Petitioner will proceed first to present its case with respect to the
`
`challenged claims and grounds with respect to which the Board instituted
`
`trial. Petitioner may reserve some of its argument time for rebuttal.
`
`Thereafter, Patent Owner will respond to Petitioner’s presentation,
`
`having available to it the entirety of its allotted argument time.
`
`Finally, Petitioner may make use of the time it has reserved to rebut
`
`Patent Owner’s opposing presentation with regard to the original patent
`
`claims.
`
`The hearing will commence at 1:00 PM Eastern Time on January 8,
`
`2016, 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 at the Board two
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`business days prior to the hearing, and the parties must initiate a conference
`
`2
`
`
`
`
`IPR2015-00412
`Patent 7,365,871 B2
`
`
`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. Any
`
`dispute over the propriety of demonstrative exhibits that is not timely
`
`presented two business days prior to the hearing will be considered waived.
`
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding
`
`the appropriate content of demonstrative exhibits.
`
`
`
`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 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 two panel members
`
`will be attending the hearings electronically from a remote location and that
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`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
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`parties are invited to contact the Board at (571) 272-9797.
`
`The Board expects lead counsel for each party to be present at
`
`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If any lead counsel will not be in attendance at hearing, the
`
`3
`
`
`
`
`IPR2015-00412
`Patent 7,365,871 B2
`
`
`Board should be notified via a joint telephone conference call no later than
`
`
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`two days prior to the hearing to discuss the matter.
`
`ORDER
`
`It is
`
`ORDERED that Due Date 7 is reset to January 8, 2016, and the oral
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`hearing will commence at 1:00 PM Eastern Time on that date; and
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`FURTHER ORDERED that, pursuant to the previous agreement of
`
`ZTE Corporation and ZTE USA Inc. (Paper 23), arguments on behalf of
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`Petitioner will be presented only by counsel for Apple Inc., unless Apple
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`Inc. has been terminated from this proceeding.
`
`
`
`
`
`
`
`4
`
`
`
`
`
`
`IPR2015-00412
`Patent 7,365,871 B2
`
`FOR PETITIONER APPLE INC.:
`
`
`
`Brian Buroker
`Blair Silver
`Gibson, Dunn & Crutcher LLP
`bburoker@gibsondunn.com
`bsilver@gibsondunn.com
`
`
`
`FOR PETITIONER ZTE CORPORATION and ZTE (USA) INC.:
`
`Steve Moore
`Richard Thill
`Barry Shelton
`Brian Nash
`Pillsbury Law LLP
`steve.moore@pillsburylaw.com
`richard.thill@pillsburylaw.com
`barry.shelton@pillsburylaw.com
`brian.nash@pillsburylaw.com
`
`5
`
`
`
`
`FOR PATENT OWNER:
`
`Gregory S. Donahue
`gdonahue@dpelaw.com
`
`
`Robert C. Curfiss
`bob@curfiss.com
`
`David O. Simmons
`IVC Patent Agency
`dsimmons@sbcglobal.net
`
`Andrew DiNovo
`adinovo@dpelaw.com
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