Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 17
`Entered: October 24, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner.
`_______________
`
`Case IPR2015-01896
`Patent 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
`
`
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper 17
`Entered: October 24, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CORE WIRELESS LICENSING S.A.R.L.,
`Patent Owner.
`_______________
`
`Case IPR2015-01896
`Patent 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
`
`
`
`
`
`
`
`IPR2015-01896
`Patent 7,072,667 B2
`The Scheduling Order set November 14, 2016, as the date for oral
`argument, if requested by the parties and granted by the Board. Paper 8, 6.
`Petitioner and Patent Owner have requested oral argument pursuant to 37
`C.F.R. § 42.70(a). Paper 14; Paper 15. The parties’ request for oral
`argument is granted.
`Each party will have forty-five (45) 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 10:00 AM Pacific Time on
`November 14, 2016, at the Silicon Valley Regional Office of the USPTO
`on the third floor at 26. S. Fourth Street, San Jose, CA 95113. 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 parties
`are advised to check-in with security on the first floor of the building at least
`thirty (30) minutes before the hearing is set to begin. 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 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
`
`
`
`IPR2015-01896
`Patent 7,072,667 B2
`At least seven (7) business 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) business
`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) 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.
`
`3
`
`
`
`IPR2015-01896
`Patent 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) 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. 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
`
`
`
`IPR2015-01896
`Patent 7,072,667 B2
`
`ORDER
`
`It is
`ORDERED that oral argument for this proceeding shall take place
`beginning at 10:00 AM Pacific Time on November 14, 2016, at the Silicon
`Valley Regional Office of the USPTO on the third floor at 26. S. Fourth
`Street, San Jose, CA 95113.
`
`5
`
`
`
`PETITIONER:
`David L. Fehrman
`Richard S.J. Hung
`MORRISON & FOERSTER LLP
`10684-667-IPR@mofo.com
`dfehrman@mofo.com
`rhung@mofo.com
`
`PATENT OWNER:
`Tarek N. Fahmi
`Holly J. Atkinson
`Ascenda Law Group, PC
`patents@ascendalaw.com
`tarek.fahmi@ascendalaw.com
`holly.atkinson@aacendalaw.com
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