`Entered: October 6, 2016
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COMARCO WIRELESS TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01879
`Patent 8,492,933 B2
`____________
`
`Before BRIAN J. MCNAMARA, PATRICK M. BOUCHER, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`Case IPR2015-01879
`Patent 8,492,933 B2
`
`
`As set forth in the Scheduling Order (Paper 16), oral argument, if
`
`requested, is scheduled for November 15, 2016, in connection with this
`
`proceeding. Petitioner and Patent Owner request oral hearing. Papers 20,
`
`21. The parties’ requests for oral hearing are granted.
`
`The hearing will commence at 2:00 PM on November 15, 2016, on
`
`the ninth floor of the Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing. The
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`hearing will be open to the public for in-person attendance that will be
`
`accommodated on a first-come, first-served basis.
`
`Each party will have thirty (30) minutes of total oral argument
`
`time. Petitioner bears the ultimate burden of proof that the claims at issue in
`
`this review are unpatentable. Therefore, at oral hearing Petitioner will
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`proceed first to present its case with regard to the challenged
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`claims. Petitioner may reserve rebuttal time. Thereafter, Patent Owner will
`
`respond to Petitioner’s case. After that, Petitioner will make use of the rest
`
`of its time responding to Patent Owner’s presentation on all matters. Patent
`
`Owner may not reserve rebuttal time.
`
`Any demonstrative exhibits must be served seven business days
`
`before the hearing. 37 C.F.R. § 42.70(b). Demonstrative exhibits are not
`
`evidence and may not introduce new evidence or arguments. Instead,
`
`demonstrative exhibits 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 No. IPR2013-00041 (PTAB
`
`Jan. 27, 2014) (Paper 65), and CBS Interactive Inc. v. Helferich Patent
`
`2
`
`
`
`Case IPR2015-01879
`Patent 8,492,933 B2
`
`Licensing, LLC, IPR2013-00033, Paper 118 (PTAB Oct. 23, 2013),
`
`regarding the appropriate content of demonstrative exhibits. Any issue
`
`regarding demonstrative exhibits should be resolved at least three days prior
`
`to the hearing by way of a joint telephone conference call to the Board. The
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`parties are responsible for requesting such a conference sufficiently in
`
`advance of the hearing to accommodate this requirement. Any objection to
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`demonstrative exhibits that is not timely presented will be considered
`
`waived. Demonstratives should be filed at the Board no later than two days
`
`before the hearing. A hard copy of the demonstratives should be provided to
`
`the court reporter at the hearing.
`
`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. If either party expects that its lead counsel will not be attending
`
`the oral argument, the parties should initiate a joint telephone conference
`
`with the Board no later than 2 business days prior to the oral hearing to
`
`discuss the matter.
`
`Any special requests for audio-visual equipment should be directed to
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`Trials@uspto.gov. Requests for special equipment will not be honored
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`unless presented in a separate communication not less than 5 days before the
`
`hearing directed to the above email address. 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
`
`ensure the clarity and accuracy of the reporter’s transcript. The parties also
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`should note that at least one member of the panel will be attending the
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`hearings electronically from a remote location and that if a demonstrative is
`
`3
`
`
`
`Case IPR2015-01879
`Patent 8,492,933 B2
`
`not filed or otherwise made fully available or visible to the judge presiding
`
`over the hearing remotely, that demonstrative will not be considered.
`
`
`
`ORDER
`
`Oral argument in IPR2015-01879 will commence at 2:00 PM on
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`November 15, 2016, on the ninth floor of the Madison Building East, 600
`
`Dulany Street, Alexandria, Virginia.
`
`4
`
`
`
`For PETITIONER:
`
`Xin-Yi Zhou
`vzhou@omm.com
`
`Cameron Westin
`cwestin@omm.com
`
`Scot Rives
`srives@omm.com
`
`
`
`For PATENT OWNER:
`
`Harris Wolin
`hwolin@grahamcurtin.com
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