Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`Paper 28
`Entered: January 21, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-004141
`Patent 7,643,168 B2
`____________
`
`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Case IPR2015-00611 (“’611 IPR”) has been joined with this proceeding. Samsung
`Electronics Ltd. and Samsung electronics America, Inc. (collectively “Samsung”)
`were Petitioners in the ’611 IPR, but have been terminated from this proceeding
`(Paper 24).
`
`
`1
`
`
`Tel: 571-272-7822
`
`
`
`
`
`Paper 28
`Entered: January 21, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`E-WATCH, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-004141
`Patent 7,643,168 B2
`____________
`
`Before JAMESON LEE, GREGG I. ANDERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`
`
`
`
`1 Case IPR2015-00611 (“’611 IPR”) has been joined with this proceeding. Samsung
`Electronics Ltd. and Samsung electronics America, Inc. (collectively “Samsung”)
`were Petitioners in the ’611 IPR, but have been terminated from this proceeding
`(Paper 24).
`
`
`1
`
`
`
`
`
`IPR2015-00414
`Patent 7,643,168 B2
`
`
`
`Apple, Inc. (“Apple” or “Petitioner”) requested an oral hearing in this
`proceeding pursuant to 37 C.F.R. § 42.70. See, Papers 27. E-Watch, Inc.
`(“Patent Owner”) did not request oral argument but requested an equal amount
`of time if Petitioner’s request was granted. Paper 26. We grant Petitioner’s
`request.
`These proceedings will be heard on February 24, 2016. Each party will
`have 30 minutes of total argument time. Apple bears the ultimate burden of
`proof that the claims at issue in this review are unpatentable. Therefore, Apple
`will proceed first to present its case with regard to the challenged claims on
`which basis we instituted trial. Thereafter, E-Watch, Inc. (“Patent Owner”) will
`respond to Petitioner’s case. After that, Petitioner will make use of the rest of its
`time responding to Patent Owner. There are no motions to be addressed at the
`hearing, and no rebuttal time will be allotted to Patent Owner.
`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 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. The oral hearing will be open to the public.
`Specifically, the hearing will commence at 2:00 PM Eastern Time, on the
`aforementioned date, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia, and it will be open to the public for in-person
`
`
`
`2
`
`
`
`
`
`IPR2015-00414
`Patent 7,643,168 B2
`
`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 business 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 directly 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 at least one member of the panel will
`
`
`
`3
`
`
`
`IPR2015-00414
`Patent 7,643,168 B2
`
`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. Documents presented on the
`Elmo projector may not be visible to remote judges, so please plan
`accordingly.
`The Board expects lead counsel for each party to be present in person at
`the oral hearing. However, lead or backup counsel of the presenting party may
`put forward the party’s argument. If either party anticipates that its lead
`counsel will not be attending the oral hearing, 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
`
`
`
`
`
`
`
`
`
`
`
`IPR2015-00414
`Patent 7,643,168 B2
`
`PETITIONER:
`
`
`Brian Buroker
`Blair Silver
`GIBSON, DUNN & CRUTCHER LLP
`BBuroker@gibsondunn.com
`bsilver@gibsondunn.com
`
`Apple, Inc.:
`Steven Park
`Naveen Modi
`Elizabeth Brann
`PAUL HASTINGS LLP
`stevenpark@paulhastings.com
`naveenmodi@paulhastings.com
`elizabethbrann@paulhastings.com
`
`PATENT OWNER:
`
`Robert C. Curfiss
`E-WATCH INC.
`bob@curfiss.com
`
`David O. Simmons
`IVC PATENT AGENCY
`dsimmons1@sbcglobal.net
`
`
`
`
`5
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