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Paper No. 29
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`––––––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––––––––––
`
`APPLE INC.,
`Petitioner,
`
`v.
`VIRNETX INC.,
`Patent Owner.
`
`––––––––––––––––––
`
`Case No. IPR2015-00866
`U.S. Patent No. 8,458,341
`
`––––––––––––––––––
`
`PETITIONER’S REQUEST FOR ORAL HEARING
`
`
`
`

`
`IPR2015-00866
`
`
`
`Petitioner’s Request for Oral Hearing
`
`Pursuant to 37 C.F.R. § 42.70(a), Petitioner Apple Inc. respectfully submits
`
`this Request for an Oral Hearing. In its scheduling order, the Board has set the
`
`date of an oral hearing in this proceeding for June 27, 2016. See Paper 9.
`
`Given the significant overlap of issues between IPR2015-00866, IPR2015-
`
`00868, IPR2015-00870, and IPR2015-00871 (the “866-871 proceedings”),
`
`Petitioners request that the Board authorize the parties to present their arguments
`
`for all four proceedings in a single hearing (e.g., that Petitioner present its opening
`
`argument in all four proceedings, followed by Patent Owner’s arguments in all four
`
`proceedings, and Petitioner’s responsive arguments in all four proceedings).
`
`The 866-871 proceedings also share a substantial overlap with the issues
`
`presented in IPR2015-00810, IPR2015-00811, and IPR2015-00812 (the “810-812
`
`proceedings”), whose Oral Hearings are scheduled for June 8, 2016. Petitioner
`
`agrees to focus any presentation on June 27 on the issues unique to the 866 -871
`
`proceedings as compared to the 810-812 proceedings. See Apple Inc. v. VirnetX
`
`Inc., IPR2014-00481, Paper 29 at 2 (May 11, 2015) (ordering a hearing on “related
`
`but distinct issues from [] prior hearings on [] commonly owned patents”). As
`
`such, Petitioner requests 30 minutes of total argument time for each party.
`
`Dated: May 23, 2016
`
`Respectfully Submitted,
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`Reg. No. 43,401
`SIDLEY AUSTIN LLP
`1
`
`

`
`IPR2015-00866
`
`
`
`Petitioner’s Request for Oral Hearing
`
`1501 K Street NW
`Washington, DC 20005
`Attorney for Petitioner
`
`2
`
`

`
`IPR2015-00866
`
`
`
`Petitioner’s Request for Oral Hearing
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), I hereby certify that on this 23rd day of
`
`May, 2016, I caused to be served a true and correct copy of the foregoing and any
`
`accompanying exhibits by e-mail on the following counsel:
`
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`jason.stach@finnegan.com
`
`Dated: May 23, 2016
`
`Respectfully Submitted,
`
`/Jeffrey P. Kushan/
`Jeffrey P. Kushan
`Reg. No. 43,401
`SIDLEY AUSTIN LLP
`1501 K Street NW
`Washington, DC 20005
`Attorney for Petitioner

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