Trials@uspto.gov
`571-272-7822
`
`Paper 39
`Entered: July 19, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., MOTOROLA MOBILITY LLC, and
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01172
`Patent 7,498,749 B2
`____________
`
`Before JUSTIN BUSCH, LYNNE E. PETTIGREW, and BETH Z. SHAW,
`Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Apple Inc., Toshiba America Information Systems, Inc., and Motorola
`Mobility LLC (collectively, “Petitioner”) and Global Touch Solutions, LLC
`(“Patent Owner”) each request an oral hearing in this proceeding pursuant to
`
`
`571-272-7822
`
`Paper 39
`Entered: July 19, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., MOTOROLA MOBILITY LLC, and
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01172
`Patent 7,498,749 B2
`____________
`
`Before JUSTIN BUSCH, LYNNE E. PETTIGREW, and BETH Z. SHAW,
`Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Apple Inc., Toshiba America Information Systems, Inc., and Motorola
`Mobility LLC (collectively, “Petitioner”) and Global Touch Solutions, LLC
`(“Patent Owner”) each request an oral hearing in this proceeding pursuant to
`
`
`
`IPR2015-01172
`Patent 7,498,749 B2
`
`37 C.F.R. § 42.70. Papers 33, 34. We grant the requests. A hearing will
`commence at 10:00 AM Eastern Time on Wednesday, August 3, 2016, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`VA.
`
`Oral hearing for this proceeding will be consolidated with the oral
`hearing for related proceedings. Specifically, the consolidated oral hearing
`shall include argument related to the following proceedings: IPR2015-
`01171, IPR2015-01172, IPR2015-01173, IPR2015-01174, IPR2015-01175,
`IPR2015-01603, and IPR2015-01616 (if requested). Each party will have
`120 minutes of argument time. Each party may determine which of its
`respective counsel will present its arguments.
`Petitioner bears the ultimate burden of persuasion that the claims at
`issue are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which the Board
`instituted trial. Patent Owner then will have the opportunity to respond to
`Petitioner’s arguments and argue its pending Motions to Exclude, if any.
`Petitioner then may use any time it has reserved for rebuttal to respond to
`arguments presented by Patent Owner. If Patent Owner argues Motions to
`Exclude, Patent Owner may reserve rebuttal time, which shall be used only
`to reply to Petitioner’s arguments responding to such motions. We
`anticipate taking a recess of approximately one hour at a convenient
`breaking point during the hearing.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. The hearing will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis.
`
`2
`
`
`
`IPR2015-01172
`Patent 7,498,749 B2
`
`Pursuant to 37 C.F.R. § 42.70(b), the parties must serve demonstrative
`exhibits, if any, on opposing counsel at least seven (7) business days before
`the hearing. The parties are directed to St. Jude Medical, Cardiology
`Division, Inc. v. The Board of Regents of the University of Michigan,
`IPR2013-00041, Paper 65 (PTAB Jan. 27, 2014), regarding the appropriate
`content of demonstrative exhibits. The Board expects the parties will meet
`and confer in good faith to resolve any objections to demonstrative exhibits,
`but if such objections cannot be resolved, the parties must file any objections
`to the demonstratives with the Board at least three (3) business days before
`the hearing. The objections shall identify with particularity which portions
`of the demonstratives are subject to objection, and include a short (no more
`than one sentence) statement of the reason for each objection. No argument
`or further explanation is permitted. The Board will consider the objections
`and schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections. Any objection to the demonstrative
`exhibits that is not timely presented will be considered waived.
`The parties must file any demonstrative exhibits with the Board no
`later than three (3) business days before the hearing. The parties shall
`provide a hard copy of the demonstratives to the court reporter at the
`hearing. At least one member of the panel will be attending the hearing
`remotely, by video and audio link.
`The parties are reminded that, during the hearing, the presenter must
`identify clearly each demonstrative exhibit (e.g., by referencing a specific
`slide or screen number) to ensure clarity and accuracy of the reporter’s
`transcript and to ensure that a remote judge can follow the argument, even if
`the video connection is disrupted.
`
`3
`
`
`
`IPR2015-01172
`Patent 7,498,749 B2
`
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made at least five (5) business days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
`not timely received, the equipment may not be available on the day of the
`hearing.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may make the actual presentation.
`If either party anticipates that its lead counsel will not be in attendance at the
`oral hearing, at least one back-up counsel who is registered to practice
`before the USPTO must be in attendance. Furthermore, such party shall
`notify the Board that lead counsel will not be in attendance, and identify the
`back-up counsel who is a registered practitioner and will be in attendance.
`
`
`
`
`
`
`4
`
`
`
`IPR2015-01172
`Patent 7,498,749 B2
`
`FOR PETITIONER:
`
`Bob Steinberg
`Matthew Moore
`Gabriel Gross
`LATHAM & WATKINS LLP
`bob.steinberg@lw.com
`matthew.moore@lw.com
`gabe.gross@lw.com
`
`Phillip Morton
`DeAnna Allen
`COOLEY LLP
`pmorton@cooley.com
`dallen@cooley.com
`
`Doris Hines
`Luke McCammon
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P.
`dori.hines@finnegan.com
`luke.mccammon@finnegan.com
`
`
`
`FOR PATENT OWNER:
`
`William Mandir
`Peter Park
`Brian Shelton
`SUGHRUE MION, PLLC
`wmandir@sughrue.com
`pspark@sughrue.com
`bshelton@sughrue.com
`
`
`5
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