Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 18
`Entered: May 26, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`
`
`Case IPR2015-00969 (Patent 5,884,033)
`Case IPR2015-00980 (Patent 5,566,287)
`Case IPR2015-01031 (Patent 7,900,229 B2)1
`
`
`
`
`
`
`
`
`
`
`Before JAMES B. ARPIN, DAVID C. MCKONE, and SCOTT C. MOORE,
`Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper 18
`Entered: May 26, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`OPENTV, INC.,
`Patent Owner.
`
`
`Case IPR2015-00969 (Patent 5,884,033)
`Case IPR2015-00980 (Patent 5,566,287)
`Case IPR2015-01031 (Patent 7,900,229 B2)1
`
`
`
`
`
`
`
`
`
`
`Before JAMES B. ARPIN, DAVID C. MCKONE, and SCOTT C. MOORE,
`Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`The Scheduling Order set June 21, 2016, as the date for oral
`argument, if requested by the parties and granted by the Board. IPR2015-
`00969, Paper 9; IPR2015-00980, Paper 12; IPR2015-01031, Paper 11.2
`Both Petitioner and Patent Owner have requested oral argument. Papers 18,
`19. Patent Owner requests forty-five (45) minutes to argue each proceeding.
`Paper 18, 2. Petitioner requests thirty (30) minutes to argue each
`proceeding. Paper 19, 1.
`The parties’ requests for oral argument are granted. Oral arguments
`for these cases will commence at 10:00 AM Mountain Time on June 21,
`2016, at the Rocky Mountain Regional Office of the USPTO, located on the
`14th Floor of the Byron G. Rogers Federal Building, 1961 Stout Street,
`Denver, Colorado, 80294. Counsel and other attendees will need a picture
`ID in order to enter the Byron G. Rogers Federal Building. The parties are
`advised to check-in with security on the 14th floor at least thirty (30) minutes
`before the hearing is set to begin.
`The hearing room in the Rocky Mountain Regional Office can
`accommodate the lead counsel and a back-up counsel for each party at its
`respective counsel table and one hearing room attendee for each party.
`Other party attendees will be accommodated in an overflow room located
`across the hall from the hearing room. The oral arguments will be open to
`the public for in-person attendance. Members of the public will be
`accommodated based on space available in the overflow room on a first-
`come, first-served basis. The Board will provide a court reporter for the
`
`
`2 Throughout the remainder of this Order, we cite to the papers filed in
`IPR2015-00969. Similar papers have been filed in IPR2015-00980 and
`IPR2015-01031.
`
`2
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`hearing, and the reporter’s transcript will constitute the official record of the
`oral arguments.
`The parties will present arguments in IPR2015-00969 starting at 10:00
`AM. After a brief recess, the parties then will present arguments in
`IPR2015-00980. We will break for lunch. Following lunch, the parties will
`present arguments in IPR2015-01031. Each party will have thirty (30)
`minutes to present its arguments in each case. Petitioner will open each oral
`argument by presenting its arguments regarding the challenged claims for
`which the Board instituted trial. Petitioner may reserve time for rebuttal
`arguments. Patent Owner then will respond to Petitioner’s arguments.
`Petitioner then may present rebuttal arguments during its reserved rebuttal
`time.
`
`At least seven (7) business days prior to the oral arguments, each
`party shall serve on the other party any demonstrative exhibit(s) it intends to
`use during the oral arguments. See 37 C.F.R. § 42.70(b). The parties also
`shall provide the demonstrative exhibits to the Board at least five (5)
`business days prior to the oral arguments by e-mailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`these cases without our prior authorization. Demonstrative exhibits are not
`evidence, but merely a visual aid at the oral arguments. Demonstrative
`exhibits may not introduce new evidence or raise new arguments, but
`instead, should cite to evidence in the record. The parties are directed to
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014)
`(Paper 65) and CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`
`3
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`IPR2013-00033, (PTAB Oct. 23, 2013) (Paper 118), for guidance regarding
`the appropriate content of demonstrative exhibits.
`The parties should attempt to resolve any objections to demonstratives
`prior to involving the Board. The parties must initiate a conference call with
`the Board at least two (2) business days before the hearing to present any
`unresolved objection regarding the propriety of any demonstrative exhibit.
`Any unresolved objection to demonstrative exhibits that is not timely
`presented will be considered waived. The Board asks the parties to confine
`demonstrative exhibit objections to those identifying egregious violations
`that are prejudicial to the administration of justice. To aid in the preparation
`of an accurate transcript, each party shall provide paper copies of its
`demonstratives to the court reporter on the day of the oral arguments. Such
`paper copies shall not become part of the record of this proceeding.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number),
`paper, or exhibit referenced during the oral arguments 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 be attending the oral arguments
`electronically from a remote location and that if any demonstrative is not
`made fully available or visible to the judge presiding over the oral
`arguments, that demonstrative will not be considered. Because of
`limitations of the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room lectern. 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
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`The Board expects lead counsel for each party to be present in person
`at the oral arguments. If a party anticipates that its lead counsel will not be
`attending the oral arguments, the parties should initiate a joint telephone
`conference with the Board no later than seven (7) business days prior to the
`oral arguments to discuss the matter. Any counsel of record, however, may
`present the party’s arguments.
`Lead counsel and back-up counsel may use portable computers in the
`hearing room at the counsel tables and at the hearing room lectern. The
`parties are reminded to direct their requests for audio-visual equipment to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication directed to the above e-mail
`address not less than five (5) days before the oral arguments. If the request
`is not received timely, the equipment may not be available on the day of the
`oral arguments.
`
`
`ORDER
`
`It is
`ORDERED that oral arguments for these proceedings shall take place
`beginning at 10:00 AM Mountain Time on June 21, 2016, at the Rocky
`Mountain Regional Office of the USPTO.
`
`5
`
`
`
`
`
`IPR2015-00969 (Patent 5,884,033)
`IPR2015-00980 (Patent 5,566,287)
`IPR2015-01031 (Patent 7,900,229 B2)
`PETITIONER:
`Mark Miller
`markmiller@omm.com
`
`Ryan Yagura
`ryagura@omm.com
`
`Brian Cook
`bcook@omm.com
`
`Xin-Yi
`vzhou@omm.com
`
`J. Kevin Murray
`kmurray@omm.com
`
`
`Anne Huffsmith
`ahuffsmith@omm.com
`
`PATENT OWNER:
`Erika Arner
`Erika.arner@finnegan.com
`
`
`Joshua Goldberg
`Joshua.goldberg@finnegan.com
`
`
`Alyssa Holtslander
`Alyssa.holtslander@finnegan.com
`
`Daniel Tucker
`Daniel.tucker@finnegan.com
`
`
`6
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