Paper 23
`Date: August 10, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`IXI IP, LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-01443 (7,295,532 B2)
`Case IPR2015-01444 (7,039,033 B2)
`Case IPR2015-01445 (7,016,648 B2)
`Case IPR2015-01446 (7,016,648 B2)
`_______________
`
`Before TRENTON A. WARD, KRISTINA M. KALAN, and JOHN A.
`HUDALLA, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`The Scheduling Orders for these cases set the date for oral hearing as
`
`September 15, 2016, if a hearing is requested by the parties and granted by
`
`the Board. Both parties have requested oral hearing pursuant to 37 C.F.R.
`
`§ 42.70. The parties’ request for oral hearing is granted.
`
`
`
`
`Date: August 10, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and APPLE INC.,
`Petitioner,
`
`v.
`
`IXI IP, LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-01443 (7,295,532 B2)
`Case IPR2015-01444 (7,039,033 B2)
`Case IPR2015-01445 (7,016,648 B2)
`Case IPR2015-01446 (7,016,648 B2)
`_______________
`
`Before TRENTON A. WARD, KRISTINA M. KALAN, and JOHN A.
`HUDALLA, Administrative Patent Judges.
`
`KALAN, Administrative Patent Judge.
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`
`The Scheduling Orders for these cases set the date for oral hearing as
`
`September 15, 2016, if a hearing is requested by the parties and granted by
`
`the Board. Both parties have requested oral hearing pursuant to 37 C.F.R.
`
`§ 42.70. The parties’ request for oral hearing is granted.
`
`
`
`
`
`IPR2015-01443 (7,295,532 B2)
`IPR2015-01444 (7,039,033 B2)
`IPR2015-01445 (7,016,648 B2)
`IPR2015-01446 (7,016,648 B2)
`
`
`Petitioner will have 30 minutes to present arguments in each case.
`
`Patent Owner will have 30 minutes to respond in each case. Petitioner bears
`
`the ultimate burden of proof that Patent Owner’s claims at issue in these
`
`reviews are unpatentable. Therefore, for each case, Petitioner will open the
`
`hearing by presenting its case regarding the challenged claims for which the
`
`Board instituted trial. After Petitioner’s presentation, Patent Owner will
`
`respond to Petitioner’s argument. Petitioner may reserve rebuttal time to
`
`respond to arguments presented by Patent Owner.
`
`The first session of hearings will commence at 11:00 AM on
`
`September 15, 2016, on the ninth floor of Madison Building East, 600
`
`Dulany Street, Alexandria, Virginia. The Board will hear arguments in
`
`cases IPR2015-01443 and IPR2015-01444 during this first session, which
`
`will adjourn at approximately 1:00 PM. The second session of hearings will
`
`commence at 2:00 PM, and the Board will hear arguments in IPR2015-
`
`01445 and IPR2015-01446 during this second session. The Board will
`
`provide a court reporter for the hearing and the reporter’s transcript will
`
`constitute the official record of the hearing. The hearings will be open to the
`
`public for in-person attendance that will be accommodated on a first-come,
`
`first-served basis.
`
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`
`proponent of deposition testimony must file such testimony as an exhibit.
`
`The Board will not consider any deposition testimony that has not been so
`
`filed.
`
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`
`be served at least five business days before the hearing date. The parties
`
`
`
`
`
`2
`
`
`
`IPR2015-01443 (7,295,532 B2)
`IPR2015-01444 (7,039,033 B2)
`IPR2015-01445 (7,016,648 B2)
`IPR2015-01446 (7,016,648 B2)
`
`also shall provide a courtesy copy of any demonstrative exhibits to the
`
`Board at least five business days prior to the hearing by emailing them to
`
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits
`
`without prior authorization from the Board.
`
`The parties must file any objections to the demonstratives with the
`
`Board at least two business days before the hearing. Any objection to
`
`demonstrative exhibits that is not timely presented will be considered
`
`waived. The objections should identify with particularity which
`
`demonstratives are subject to objection, and include a short (one sentence or
`
`less) 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 until after the oral argument. The parties are
`
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`
`2014) (Paper 65), for guidance regarding the appropriate content of
`
`demonstrative exhibits.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, any counsel of record may present the party’s
`
`argument. The parties may divide argument among counsel as they wish.
`
`Should there be any disagreement among the parties on the division of
`
`argument the parties shall meet and confer in advance of the hearing to try to
`
`resolve the dispute and if necessary contact the Board for assistance.
`
`If any party expects that its lead counsel will not be attending the oral
`
`argument, the parties should initiate a joint telephone conference with the
`
`
`
`
`
`3
`
`
`
`IPR2015-01443 (7,295,532 B2)
`IPR2015-01444 (7,039,033 B2)
`IPR2015-01445 (7,016,648 B2)
`IPR2015-01446 (7,016,648 B2)
`
`Board no later than two business days prior to the oral hearing to discuss the
`
`matter.
`
`Any special requests for audio visual equipment should be directed to
`
`Trials@uspto.gov. Requests for special equipment will not be honored
`
`unless presented in a separate communication not less than five days before
`
`the hearing directed to the above email address.
`
`At least one judge will be participating remotely via a
`
`videoconferencing device and will not be able to view the projection screen
`
`in the hearing room. 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 avoid confusion, and to
`
`ensure the clarity and accuracy of the reporter’s transcript.
`
`4
`
`
`
`
`
`
`
`
`
`IPR2015-01443 (7,295,532 B2)
`IPR2015-01444 (7,039,033 B2)
`IPR2015-01445 (7,016,648 B2)
`IPR2015-01446 (7,016,648 B2)
`
`PETITIONER:
`
`W. Karl Renner
`Kevin Greene
`Jeremy Monaldo
`Katherine Vidal
`Indranil Mukerji
`FISH & RICHARDSON P.C.
`axf@fr.com
`IPR00035-0003IP2@fr.com
`IPR00035-0004IP1@fr.com
`IPR00035-0005IP1@fr.com
`IPR00035-0005IP2@fr.com
`PTABInbound@fr.com
`
`
`
`PATENT OWNER:
`
`Andy H. Chan
`George S. Haight
`Andrew Schultz
`Tuhin Ganguly
`PEPPER HAMILTON LLP
`chana@pepperlaw.com
`haightg@pepperlaw.com
`schultza@pepperlaw.com
`gangulyt@pepperlaw.com
`
`5
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