`Tel: 571-272-7822
`
`
`Paper 19
`Entered: October 24, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE INC. and
`LG ELECTRONICS, INC.,
`Petitioners,
`
`v.
`
`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner.
`_______________
`
`IPR2015-01714 (7,072,667 B2)
`IPR2015-01715 (7,072,667 B2)
`_______________
`
`
`
`Before LYNNE E. PETTIGREW, CHRISTA P. ZADO, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`ZADO, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-01714 (7,072,667 B2)
`IPR2015-01715 (7,072,667 B2)
`
`
`The Scheduling Orders set November 2, 2016, as the date for oral
`argument, if requested by the parties and granted by the Board. IPR2015-
`01714, Paper 9, 6; IPR2015-01715, Paper 9, 6. Petitioner and Patent Owner
`have requested oral argument pursuant to 37 C.F.R. § 42.70(a). IPR2015-
`01714, Papers 17, 18; IPR2015-01715, Papers 17, 18 . The parties’ request
`for oral argument is granted.
`A single, consolidated hearing will be held for the proceedings. Each
`party will have sixty (60) minutes to present arguments. Petitioner bears the
`ultimate burden of proof that the claims at issue in this review are
`unpatentable. See 35 U.S.C. § 316(e). At oral argument, therefore,
`Petitioner will proceed first to present its case on the grounds of patentability
`on which we instituted trial. Thereafter, Patent Owner will argue its
`opposition to Petitioner’s case. To the extent Petitioner reserves rebuttal
`time, Petitioner then may make use of its rebuttal time responding to Patent
`Owner.
`Oral argument will commence at 1:00 PM Eastern Time on
`November 2, 2016, on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia. All attendees will need a valid form
`of government-issued identification in order to enter the building and may be
`subject to security screening. The hearing will be open to the public for in-
`person attendance, and in-person attendance will be accommodated on a
`first-come, first-served basis. If the parties have any concern about
`disclosing confidential information, they are to contact the Board at least ten
`(10) days before the hearing to discuss the matter. The Board will provide a
`court reporter for the hearing and the reporter’s transcript will constitute the
`official record of the oral argument.
`
`2
`
`
`
`IPR2015-01714 (7,072,667 B2)
`IPR2015-01715 (7,072,667 B2)
`
`
`At least seven (7) days prior to oral argument, each party shall serve
`on the other party any demonstrative exhibit(s) it intends to use during oral
`argument. See 37 C.F.R. § 42.70(b). The parties also shall provide the
`demonstrative exhibits to the Board at least five (5) days prior to oral
`argument 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, 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 request a conference call with
`the Board at least two (2) 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.
`
`3
`
`
`
`IPR2015-01714 (7,072,667 B2)
`IPR2015-01715 (7,072,667 B2)
`
`
`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.
`The Board expects lead counsel for each party to be present in person
`at oral argument. If a party anticipates that its lead counsel will not be
`attending the oral arguments, the parties should request a joint telephone
`conference with the Board no later than seven (7) 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. Requests
`for audio-visual equipment are to be made five (5) business days in advance
`of the oral argument date. The requests are to be sent to Trials@uspto.gov.
`If the requests are not received timely, the equipment may not be available
`on the day of the hearing.
`
`
`4
`
`
`
`IPR2015-01714 (7,072,667 B2)
`IPR2015-01715 (7,072,667 B2)
`
`
`ORDER
`
`It is
`ORDERED that oral argument for this proceeding shall take place
`beginning at 1:00 PM Eastern Time on November 2, 2016, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`PETITIONER:
`Naveen Modi
`Joseph E. Palys
`Daniel Zeilberger
`PAUL HASTINGS LLP
`Google_LG-CoreWireless-IPR@paulhastings.com
`
`PATENT OWNER:
`Tarek N. Fahmi
`Holly J. Atkinson
`ASCENDA LAW GROUP, PC
`tarek.fahmi@ascendalaw.com
`holly.atkinson@aacendalaw.com
`
`
`
`5