Trials@uspto.gov
`571-272-7822
`
`Paper No. 11
`Entered: August 8, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC., HTC CORPORATION, HTC AMERICA, INC.,
`MICROSOFT CORPORATION, MICROSOFT MOBILE OY,
`MICROSOFT MOBILE, INC., SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and ZTE (USA) INC.,
`Petitioners,
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`____________
`
`Cases IPR2016-012081 and IPR016-012092
`Patent 7,746,916 B2
`____________
`
`Before CHRISTOPHER L. CRUMBLEY, PATRICK M. BOUCHER, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`McMILLIN, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`1 IPR2016-01277 has been consolidated with this proceeding.
`2 IPR2016-01280 has been consolidated with this proceeding.
`
`
`571-272-7822
`
`Paper No. 11
`Entered: August 8, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC., HTC CORPORATION, HTC AMERICA, INC.,
`MICROSOFT CORPORATION, MICROSOFT MOBILE OY,
`MICROSOFT MOBILE, INC., SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., and ZTE (USA) INC.,
`Petitioners,
`
`v.
`
`EVOLVED WIRELESS LLC,
`Patent Owner.
`____________
`
`Cases IPR2016-012081 and IPR016-012092
`Patent 7,746,916 B2
`____________
`
`Before CHRISTOPHER L. CRUMBLEY, PATRICK M. BOUCHER, and
`TERRENCE W. McMILLIN, Administrative Patent Judges.
`
`McMILLIN, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`1 IPR2016-01277 has been consolidated with this proceeding.
`2 IPR2016-01280 has been consolidated with this proceeding.
`
`
`
`IPR2016-01208
`Patent 7,746,916 B2
`
`
`The date set for oral hearing is September 15, 2017. IPR2016-01208,
`Paper 9; IPR2016-01209, Paper 9. The parties request oral hearing.
`IPR2016-01208, Papers 18, 19; IPR2016-01209, Papers 18, 19. The
`requests are granted.
`These cases involve one patent, and there is overlap in the cited art
`and the Petitioners’ arguments. IPR2016-01208, Papers 2, 7; IPR2016-
`01209, Papers 2, 7. IPR2016-01277 was consolidated with IPR2016-01208,
`and IPR2016-01280 was consolidated with IPR2016-01209, because the
`petitions were, respectively, identical in substance and limited to the same
`claims, grounds, arguments, and evidence. IPR2016-01277, Paper 8;
`IPR2016-01280, Paper 8. The Petitioners, pursuant to the Board’s Orders
`(id.), filed a joint Reply on behalf of all the Petitioners in IPR2016-01208
`(Paper 17) and in IPR2016-01209 (Paper 17) and a joint Request for Oral
`Argument on behalf of all the Petitioners in IPR2017-01208 (Paper 19) and
`in IPR2016-01209 (Paper 19). Accordingly, the time allotted to Petitioners
`for argument is to be shared by all the Petitioners.
`The Petitioners are ordered to confer and reach agreement as to one
`attorney who shall argue on behalf of all the Petitioners. If the Petitioners
`are unable to reach agreement as to who shall argue on behalf of all the
`Petitioners, 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.
`Petitioners will have 60 minutes, total, to present their argument and
`may allocate time between the instituted grounds in IPR2016-01208 and
`IPR2016-01209 as they see fit. Patent Owner will have 60 minutes, total, to
`present its argument. Petitioners bear the ultimate burden of proof that
`Patent Owner’s claims at issue in these reviews are unpatentable. Therefore,
`
`2
`
`
`
`IPR2016-01208
`Patent 7,746,916 B2
`
`Petitioners will open the hearing by presenting their argument. After
`Petitioners’ presentation, Patent Owner will respond to Petitioners’
`argument. Petitioners may reserve time to respond to Patent Owner’s
`argument. Patent Owner may not reserve time.
`The hearing will commence at 10 AM 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
`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, 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.
`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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing date. 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.
`
`3
`
`
`
`IPR2016-01208
`Patent 7,746,916 B2
`
`
`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.
`The parties shall meet and confer to discuss and resolve any
`objections to demonstrative exhibits. Any party with unresolved objections
`to a demonstrative exhibit 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 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.
`Generally, the Board expects lead counsel for each party to be present
`in person at the oral hearing. Patent Owner states in its Request that it
`anticipates that its lead counsel will not be present at oral hearing in this
`case, and that backup counsel will present argument. Given that Patent
`Owner’s backup counsel is a registered practitioner, has signed Patent
`Owner’s merits briefing, and has participated extensively in prior
`conferences with the Board in these matters, attendance by lead counsel is
`not required at the oral hearing. If any Petitioner expects that its lead
`
`4
`
`
`
`IPR2016-01208
`Patent 7,746,916 B2
`
`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.
`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
`
`
`
`IPR2016-01208
`Patent 7,746,916 B2
`
`PETITIONER
`Walter Renner
`Roberto Devoto
`David Holt
`FISH & RICHARDSON P.C.
`IPR00035-0006IP2@fr.com
`PTABInbound@fr.com
`
`James Glass
`Kevin Johnson
`Todd Briggs
`John McKee
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`kevinjohnson@quinnemanuel.com
`toddbriggs@quinnemanuel.com
`johnmckee@quinnemanuel.com
`
`Charles M. McMahon
`Hersh H. Mehta
`McDERMOTT WILL & EMERY
`cmcmahon@mwe.com
`hmehta@mwe.com
`
`Stephen S. Korniczky
`Martin Bader
`Ericka J. Schulz
`SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP
`skorniczky@sheppartmullin.com
`mbader@sheppardmullin.com
`eschulz@sheppardmullin.com
`
`
`PATENT OWNER
`Cyrus A. Morton
`Ryan M. Schultz
`Robins Kaplan LLP
`
`6
`
`
`
`IPR2016-01208
`Patent 7,746,916 B2
`
`2800 LaSalle Plaza,
`800 LaSalle Ave,
`Minneapolis, MN 55402
`CMorton@robinskaplan.com
`RSchultz@robinskaplan.com
`
`
`7
`
`
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