`571-272-7822
`
`
`
`
`
`Paper No. 45
`Filed: June 26, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`VOIP-PAL.COM INC.,
`Patent Owner
`____________
`
`Cases IPR2016-01198 and IPR2016-01201
`Patents 9,179,005 B2 and 8,542,815 B21
`____________
`
`
`Before JOSIAH C. COCKS, JENNIFER MEYER CHAGNON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order pertains to both noted proceedings. The Board exercises its
`discretion to issue a single Order for entry in each proceeding. The parties
`are not authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2016-01198 and IPR2016-01201
`Patent 9,179,005 B2 and 8,542,815 B2
`
`
`As set forth in the Scheduling Order for each proceeding (Paper 7)2,
`oral argument, if requested, is scheduled for July 20, 2017. Both parties
`have requested a consolidated oral argument and sixty (60) minutes of
`argument time for each side. Papers 38, 39. The requests are granted.
`Oral argument will commence at 10:00 AM ET on July 20, 2017. The
`Board will hear argument for both proceedings in a single session. The
`hearing will be conducted on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia 22314. The hearing will be open to
`the public for in-person attendance, which 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.
`Each party will have sixty (60) minutes of total argument time.
`Petitioner bears the ultimate burden of proof that the claims at issue in these
`reviews are unpatentable. Therefore, at the oral hearing, Petitioner will
`proceed first to present its case as to the challenged claims on which basis
`we instituted trial. Petitioner may reserve rebuttal time. Thereafter, Patent
`Owner will respond to Petitioner’s case and present its case concerning its
`Motions to Exclude (Paper 40). Patent Owner may reserve rebuttal time to
`address Petitioner’s arguments regarding the Motions to Exclude, if any.
`Petitioner may use the rest of its time to respond to Patent Owner’s
`presentation. Lastly, Patent Owner may use the rest of its time to respond to
`Petitioner’s arguments regarding the Motion to Exclude only.
`
`
`2 The Paper numbers referenced in this Order are the same for each
`proceeding.
`
`2
`
`
`
`IPR2016-01198 and IPR2016-01201
`Patent 9,179,005 B2 and 8,542,815 B2
`
`
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made 5 days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`timely, the equipment may not be available on the day of the hearing. The
`parties are reminded that 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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days prior to the hearing. The parties are further
`directed to file demonstrative exhibits two business days prior to the hearing,
`and request a conference call with the Board prior to the hearing to resolve
`any dispute over the propriety of each party’s demonstrative exhibits. The
`parties are responsible for requesting such a conference sufficiently in
`advance of the hearing to accommodate this requirement. Any objection to
`demonstrative exhibits that is not presented timely will be considered
`waived. The parties may refer to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033 (PTAB October 23, 2013) (Paper 118), and
`St. Jude Medical, Cardiology Div., Inc. v. The Board of Regents of the
`University of Michigan, IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65)
`regarding the appropriate content of demonstrative exhibits.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Lead or backup counsel, 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 request a joint telephone
`
`3
`
`
`
`IPR2016-01198 and IPR2016-01201
`Patent 9,179,005 B2 and 8,542,815 B2
`
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`It is
`ORDERED that oral argument will commence at 10:00 AM ET on
`July 20, 2017.
`
`
`
`For PETITIONER:
`Adam Seitz
`adam.seitz@eriseip.com
`
`Eric Buresh
`Eric.Buresh@EriseIP.com
`
`Paul Hart
`Paul.Hart@EriseIP.com
`
`For PATENT OWNER:
`Kerry Taylor
`2KST@knobbe.com
`
`John Carson
`2jmc@knobbe.com
`
`
`
`4
`
`
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