`571-272-7822
`
`
`
`
`Paper 33
`Entered: April 24, 2017
`
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Patent Owner Aliphcom, Inc. d/b/a Jawbone (“Jawbone”) requests
`oral argument in this inter partes review trial pursuant to 37 C.F.R. § 42.70.
`Paper 31. Petitioner Fitbit, Inc., does not seek oral argument, but asks that if
`we grant Jawbone’s request, we also permit Fitbit to participate in oral
`argument. Paper 32. Upon consideration, these requests are granted. Oral
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`FITBIT, INC.,
`Petitioner,
`
`v.
`
`ALIPHCOM, INC. D/B/A JAWBONE,
`Patent Owner.
`
`____________
`
`Case IPR2016-00607
`Patent 8,529,811 B2
`____________
`
`Before CHRISTOPHER L. CRUMBLEY, Administrative Patent Judge.
`
`
`
`IPR2016-00607
`Patent 8,529,811 B2
`
`argument shall commence at 10:30 AM Eastern Time on May 11, 2017, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia.
`Jawbone requests no more than fifteen minutes per side of oral
`argument. Paper 31. Given the limited nature of the issues pending before
`the Board and our review of the parties’ briefing, the request is reasonable.
`Each party will have fifteen minutes of total time to present arguments.
`Fitbit bears the ultimate burden of proof that Jawbone’s claims at
`issue in this trial are unpatentable. Therefore, Fitbit will open the hearing by
`presenting argument regarding the pending grounds of unpatentability.
`Jawbone will then have the opportunity to respond to Fitbit’s arguments. If
`desired, Fitbit may reserve rebuttal time to respond to arguments presented
`by Jawbone.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. No motions to seal have been
`filed in this proceeding. Accordingly, the Board concludes that the parties
`are capable of presenting their arguments without discussing confidential
`information, and exercises its discretion to make the oral hearing publicly
`accessible. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis.
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits shall be
`served on opposing counsel at least seven business days before the hearing.
`Parties shall file demonstrative exhibits with the Board at least three
`business days before the hearing. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
`
`
`2
`
`
`
`IPR2016-00607
`Patent 8,529,811 B2
`
`of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved the parties may file any remaining objections with the
`Board at least three business days before the hearing. The objections should
`identify with particularity which portions of the demonstrative exhibits are
`subject to objection and include a one-sentence statement of the basis for
`each objection. No argument or further explanation is permitted. The Board
`will consider any objections and schedule a conference call if deemed
`necessary. Otherwise, the Board will reserve ruling on the objections. Any
`objection to demonstrative exhibits that is not timely presented will be
`considered waived.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Any counsel of record, however, may present the party’s
`argument. If either party anticipates 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 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.
`
`In light of the foregoing, it is:
`ORDERED that oral hearing, conducted pursuant to the procedures
`outlined above, shall commence at 10:30 AM Eastern Time on May 11,
`2017.
`
`
`
`3
`
`
`
`IPR2016-00607
`Patent 8,529,811 B2
`
`PETITIONER:
`
`Naveen Modi
`Yar R. Chaikovsky
`David T. Okano
`Michael C. Hendershot
`PAUL HASTINGS LLP
`PH-Fitbit-Aliph-IPR@paulhastings.com
`PH-Fitbit-Aliph-IPR@paulhastings.com
`PH-Fitbit-Aliph-IPR@paulhastings.com
`michaelhendershot@paulhastings.com
`
`PATENT OWNER:
`
`Michael T. Rosato
`Richard Torczon
`Andrew S. Brown
`Jose C. Villarreal
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`rtorczon@wsgr.com
`asbrown@wsgr.com
`jvillarreal@wsgr.com
`
`
`
`
`4
`
`
`
`
`
`
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