Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 19
`Entered: August 18, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`APPLE INC., MICROSOFT CORPORATION,
`MICROSOFT MOBILE OY, and
`MICROSOFT MOBILE INC. (F/K/A NOKIA INC.),
`Petitioner,
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01228
` Case IPR2016-012291
`Patent 7,881,236 B2
`____________
`
`
`
`Before WILLIAM V. SAINDON, PATRICK M. BOUCHER, and
`TERRENCE McMILLIN, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`571-272-7822
`
`
`
`
`
`Paper 19
`Entered: August 18, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`APPLE INC., MICROSOFT CORPORATION,
`MICROSOFT MOBILE OY, and
`MICROSOFT MOBILE INC. (F/K/A NOKIA INC.),
`Petitioner,
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01228
` Case IPR2016-012291
`Patent 7,881,236 B2
`____________
`
`
`
`Before WILLIAM V. SAINDON, PATRICK M. BOUCHER, and
`TERRENCE McMILLIN, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 The parties are not authorized to use this style of caption.
`
`
`
`IPR2016-01228
`IPR2016-01229
`Patent 7,881,236 B2
`
`
`
`The date set for oral hearing in each of these proceedings is
`
`September 15, 2017, if hearing is requested by either party and granted by
`
`the Board. Paper 9.2 Both parties request oral hearing. Papers 17, 18. The
`
`requests are granted.
`
`Because each of these proceedings involves the same patent, a
`
`consolidated oral argument will be held. Each side will have 45 minutes,
`
`total, to present its argument, and may allocate its time among the two
`
`proceedings as it wishes. Any representation made by counsel at the
`
`consolidated oral argument is applicable to and useable in all proceedings
`
`that have underlying basis for the representation.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`claims at issue in these reviews are unpatentable. Accordingly, Petitioner
`
`will open the hearing by presenting its case regarding the challenged claims
`
`for which the Board instituted trial. After Petitioner’s presentation, Patent
`
`Owner will respond to Petitioner’s argument. Petitioner may reserve time to
`
`respond to Patent Owner’s argument. Patent Owner may not reserve time.
`
`The hearing will commence at 2 PM Eastern Time on September 15,
`
`2017, on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia. The Board will provide a court reporter for the
`
`hearing and the reporter’s transcript will constitute the official record of the
`
`hearing. At least one member of the panel may be attending the oral
`
`
`2 The relevant paper numbers are the same in both proceedings.
`2
`
`
`
`IPR2016-01228
`IPR2016-01229
`Patent 7,881,236 B2
`
`
`argument remotely by use of two-way audio-visual communication
`
`equipment. The hearing will be open to the public for in-person attendance
`
`that will be accommodated on a first-come, first-served basis. If the parties
`
`have any concern about disclosing confidential information, they are
`
`requested to contact the Board at least 10 days in advance of the hearing to
`
`discuss the matter.
`
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`
`proponent of deposition testimony must file such testimony as an exhibit.
`
`The Board will not consider any deposition testimony that has not been so
`
`filed. Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`
`be served at least seven business days before the hearing date. 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 with the Board 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. 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
`
`not timely presented will be considered waived.
`
`3
`
`
`
`IPR2016-01228
`IPR2016-01229
`Patent 7,881,236 B2
`
`
`
`Notwithstanding 37 C.F.R. § 42.70(b), each party also shall file its
`
`demonstrative exhibits with the Board as a separate paper at least two
`
`business days prior to the hearing. A hard copy of the demonstratives
`
`should be provided to the court reporter at the hearing, but hard copies of the
`
`demonstratives are not needed for the judges.
`
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`
`v. The Board of Regents of the University of Michigan, IPR2013-00041
`
`(PTAB January 27, 2015) (Paper 65), for guidance regarding the appropriate
`
`content of demonstrative exhibits. Demonstrative exhibits are not evidence
`
`and may not introduce new evidence or arguments. Instead, demonstrative
`
`exhibits should cite to evidence in the record. 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.
`
`Generally, the Board expects lead counsel for each party to be present
`
`in person at the oral hearing. Patent Owner states in its Requests that it
`
`anticipates that its lead counsel will not be present at oral hearing in these
`
`cases, and that backup counsel will present argument. Given that Patent
`
`Owner’s backup counsel is a registered practitioner and has signed Patent
`
`Owner’s merits briefing, attendance by lead counsel at the oral hearing is
`
`excused. If Petitioner expects that its lead counsel will not be attending the
`
`oral hearing, the parties should request a joint telephone conference with the
`
`Board no later than 10 days prior to the oral hearing to discuss the matter.
`
`4
`
`
`
`IPR2016-01228
`IPR2016-01229
`Patent 7,881,236 B2
`
`
`
`Any special requests for audio-visual equipment should be directed to
`
`Trials@uspto.gov. Requests for special equipment will not be honored
`
`unless presented in a separate communication not less than five days before
`
`the hearing directed to the above email address.
`
`
`
`
`
`5
`
`
`
`IPR2016-01228
`IPR2016-01229
`Patent 7,881,236 B2
`
`
`PETITIONER:
`
`Walter Renner
`IPR00035-0009IP1@fr.com
`
`Roberto Devoto
`Daniel Smith
`PTABInbound@fr.com
`
`
`
`
`PATENT OWNER:
`
`Cyrus Morton
`cmorton@robinskaplan.com
`
`Ryan Schultz
`rschultz@robinskaplan.com
`
`
`
`
`
`
`
`
`
`6
`
`
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