Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
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` Paper 35
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`
` Entered: November 17, 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 IPR2015-01898 (Patent 8,434,020 B2)
`Case IPR2015-01899 (Patent 8,713,476 B2)1
`____________
`
`
`Before JAMESON LEE, DAVID C. MCKONE, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`
`CHERRY, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings.
`
`
`571-272-7822
`
`
`
`
`
`
`
`
`
` Paper 35
`
`
` Entered: November 17, 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 IPR2015-01898 (Patent 8,434,020 B2)
`Case IPR2015-01899 (Patent 8,713,476 B2)1
`____________
`
`
`Before JAMESON LEE, DAVID C. MCKONE, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`
`CHERRY, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings.
`
`
`
`IPR2015-01898 (Patent 8,434,020 B2)
`IPR2015-01899 (Patent 8,713,476 B2)
`
`
`Petitioner and Patent Owner requested a hearing in each of the above
`
`proceedings pursuant to 37 C.F.R. § 42.70(a), and further requested that the
`
`hearings be consolidated due to the significant overlap of issues between the cases.
`
`See IPR2015-01898, Papers 31, 34; IPR2015-01899, Papers 31, 34. The requests
`
`are granted.
`
`These proceedings will be heard in the afternoon of December 14, 2016,
`
`beginning at 1:00 p.m. Eastern Time. Given the overlap in these two
`
`proceedings, each party will have 45 minutes of total argument time. Each side
`
`will present arguments for both proceedings during the allotted time, and
`
`statements made in the consolidated hearing will be deemed applicable to
`
`whichever case or cases the underlying record of which supports the assertion.
`
`Petitioner bears the ultimate burden of proof that the claims at issue in this review
`
`are unpatentable. Therefore, Petitioner will proceed first to present its case with
`
`regard to the challenged claims on which basis we instituted trial. Thereafter,
`
`Patent Owner will respond to Petitioner’s case and present any arguments in
`
`support of its motion to exclude.
`
`After that, Petitioner will make use of the rest of its time responding to
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`Patent Owner. There are no motions to amend to be addressed at the hearing.
`
`Also, new arguments not previously presented in the parties’ substantive papers in
`
`this proceeding should not be raised at oral hearing.
`
`The hearings will be open to the public for in-person attendance on the ninth
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`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. In-
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`person attendance will be accommodated on a first-come, first-served basis. The
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`Board will provide a court reporter for the hearings, and the reporter’s transcripts
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`will constitute the official record of the hearings.
`
`
`
`2
`
`
`
`IPR2015-01898 (Patent 8,434,020 B2)
`IPR2015-01899 (Patent 8,713,476 B2)
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served seven
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`business days prior to the hearings. The parties shall confer with each other
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`regarding any objections to demonstrative exhibits in each proceeding, and file
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`demonstrative exhibits with the Board at least two business days prior to the
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`hearing. For any issue that cannot be resolved after conferring with the opposing
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`party, the parties may file jointly a one-page list of objections at least two business
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`days prior to the hearing. The list should identify with particularity which
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`demonstrative exhibits are subject to objection and include a short statement (no
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`more than one sentence) of the reason for each objection. No argument or further
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`explanation is permitted. We will consider the objections and schedule a
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`conference call if necessary. Otherwise, we will reserve ruling on the objections
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`until the hearing. Any objection to demonstrative exhibits that is not presented
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`timely will be considered waived.
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`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`
`Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013) (Paper
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`118), regarding the appropriate content of demonstrative exhibits. The parties are
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`reminded that the presenter must identify clearly and specifically each
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`demonstrative exhibit (e.g., by slide or screen number) referenced during the
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`hearings to ensure the clarity and accuracy of the reporter’s transcripts. The parties
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`also should note that at least one member of the panel will be attending the oral
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`argument electronically from a remote location and that if any demonstrative is not
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`made fully available or visible to the judge presiding over the oral argument, that
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`demonstrative will not be considered. Because of limitations of the audio
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`transmission systems in our hearing rooms, the presenter may speak only when
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`standing at the hearing room lectern.
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`
`
`3
`
`
`
`IPR2015-01898 (Patent 8,434,020 B2)
`IPR2015-01899 (Patent 8,713,476 B2)
`
`
`The Board expects lead counsel for Petitioners and Patent Owner to be
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`present at the hearings, although any back-up counsel may make the actual
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`presentation, in whole or in part. If lead counsel for a party will not be in
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`attendance at the hearings, the Board should be notified via a joint conference call
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`no later than two days prior to the hearings to discuss the matter.
`
`Requests for audio-visual equipment at the hearings are to be made five days
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`in advance of the hearing date. The requests must be sent to Trials@uspto.gov. If
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`the requests are not received timely, equipment may not be available on the day of
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`the hearings. Further, if the parties have questions as to whether demonstrative
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`exhibits would be sufficiently visible and available to all of the judges, the parties
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`are invited to contact the Board at 571-272-9797.
`
`ORDER
`
`It is
`
`ORDERED that the parties shall take note of the above information about
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`oral hearing to be held on December 14, 2016.
`
`
`
`
`
`4
`
`
`
`IPR2015-01898 (Patent 8,434,020 B2)
`IPR2015-01899 (Patent 8,713,476 B2)
`
`PETITIONERS:
`
`J. Steven Baughman
`Megan Raymond
`Nicole Jantzi
`ROPES & GRAY LLP
`Steven.Baughman@ropesgray.com
`Megan.Raymond@ropesgray.com
`Nicole.Jantzi@ropesgray.com
`
`
`
`PATENT OWNER:
`
`Wayne M. Helge
`Walter D. Davis
`Alan A. Wright
`DAVIDSON, BERQUIST, JACKSON & GOWDEY, LLP
`whelge@dbjg.com
`wdavis@dbjg.com
`awright@dbjg.com
`
`5
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