Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper 36
`Entered: May 18, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC,
`Patent Owner.
`
`Case IPR2016-00754
`Patent 8,559,635
`Case IPR2016-00755
`Patent 8,191,091
`
`
`
`Before KARL D. EASTHOM, TRENTON A. WARD, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`Tel: 571-272-7822
`
`
`
`
`Paper 36
`Entered: May 18, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC,
`Patent Owner.
`
`Case IPR2016-00754
`Patent 8,559,635
`Case IPR2016-00755
`Patent 8,191,091
`
`
`
`Before KARL D. EASTHOM, TRENTON A. WARD, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`IPR2016-00754 Patent 8,559,635
`IPR2016-00755 Patent 8,191,091
`
`
`Patent Owner (Paper 33, Paper 37) and Petitioner (Paper 35, Paper 38)
`each request oral argument pursuant to 37 C.F.R. § 42.70(a) in each case
`listed above. The requests are granted.
`Patent Owner requests that each party be granted 45 minutes for its
`presentation of each case. Paper 33, Paper 37. Petitioner requests that each
`party be granted 30 minutes for its presentation of each case. Papers 35,
`Paper 38. Given that Patent Owner filed a Contingent Motion to Amend in
`each case (Paper 16, Paper 21), Patent Owner’s request is granted.
`The oral hearing will commence at 9:00 AM Eastern Time, on
`Tuesday, June 6, 2017. The hearing will be open to the public for in-person
`attendance on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. At least one panel member may attend remotely. In-
`person attendance will be accommodated on a first-come, first-served basis.
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing. The hearing
`transcript will be entered in the record of each case.
`Petitioner bears the burden of proof that the challenged patent claims
`are unpatentable. Patent Owner bears the burden of proof on it Contingent
`Motion to Amend. Therefore, at the oral hearing, Petitioner will proceed
`first to present its case with respect to the instituted grounds and challenged
`claims. Patent Owner then will respond to Petitioner’s initial presentation
`and also present its case on its Contingent Motion to Amend. Thereafter,
`Petitioner may use any time it has reserved to rebut Patent Owner’s initial
`presentation and respond to Patent Owner’s Contingent Motion to Amend.
`Patent Owner may then use any time it has reserved to rebut Petitioner’s
`response to Patent Owner’s Contingent Motion to Amend. On rebuttal, each
`
`2
`
`
`
`IPR2016-00754 Patent 8,559,635
`IPR2016-00755 Patent 8,191,091
`
`party will be restricted to only those matters raised by the other party in its
`initial presentation. The cases shall be heard in the order listed above.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing. The parties shall meet and
`confer to discuss and resolve any objections to demonstrative exhibits. Any
`party with unresolved objections must file a list of those objections at least
`two business days before the hearing. For each objection, the list must
`identify with particularity which portions of the demonstrative exhibits are
`subject to the objection and may include a short, one-sentence statement
`explaining the objection. No argument or further explanation is permitted.
`We will consider any objections and schedule a conference call if deemed
`necessary. Otherwise, we will reserve ruling on the objections. Any
`objection to demonstrative exhibits not timely presented will be considered
`waived.
`Each party also shall email (not file) its demonstrative exhibits
`to Trials@uspto.gov at least two business days prior to the hearing. A hard
`copy of the demonstratives shall be provided to the court reporter at the
`hearing. See CBS Interactive Inc. v. Wireless Scis. LLC, Case IPR2013-
`00033 (PTAB Oct. 23, 2013) (Paper 118) (for guidance regarding the proper
`content of demonstrative exhibits). Demonstrative exhibits do not constitute
`evidence and may not introduce new evidence or arguments. Instead,
`demonstrative exhibits should cite to evidence in the record. 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 and to ensure that the remote panel
`members accurately track the presentation.
`
`3
`
`
`
`IPR2016-00754 Patent 8,559,635
`IPR2016-00755 Patent 8,191,091
`
`
`The Board normally expects lead counsel for each party to be present
`at the oral hearing, although any backup counsel may make the actual
`presentation, in whole or in part. Requests for audio-visual equipment must
`be made by e-mail at least five days in advance of the hearing date
`to Trials@uspto.gov, else the equipment may be unavailable.
`Accordingly, it is ORDERED that the oral argument shall commence
`at 9:00 AM Eastern Time, on Tuesday, June 6, 2017 on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia as set forth
`above.
`
`
`4
`
`
`
`
`
`IPR2016-00754 Patent 8,559,635
`IPR2016-00755 Patent 8,191,091
`
`PETITIONER:
`Marcus E. Sernel
`Joel R. Merkin
`Eugene Goryunov
`Gregory Arovas
`KIRKLAND &ELLIS LLP
`marc.sernel@kirkland.com
`joel.merkin@kirkland.com
`egoryunov@kirkland.com
`greg.arovas@kirkland.com
`
`PATENT OWNER:
`Douglas J. Kline
`Jennifer Albert
`Stephen Schreiner
`Krupa Parikh
`Sarah Fink
`April E. Weisbruch
`GOODWIN PROCTER LLP
`dkline@goodwinprocter.com
`jalbert@goodwinprocter.com
`sschreiner@goodwinprocter.com
`kparikh@goodwinlaw.com
`sfink@goodwinlaw.com
`aweisbruch@goodwinlaw.com
`DP-PMC-Apple@goodwinprocter.com
`
`Thomas J. Scott, Jr.
`tscott@pmcip.com
`
`
`5
`
`
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