Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper 39
`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 39
`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
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
