Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 22
`Entered: September 6, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-01365 (Patent 7,181,608 B2)
`Case IPR2016-01366 (Patent 8,090,936 B2)
`_______________
`
`
`Before GEORGIANNA W. BRADEN, J. JOHN LEE, and JASON J. CHUNG,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 326(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`Tel: 571-272-7822
`
`
`Paper 22
`Entered: September 6, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-01365 (Patent 7,181,608 B2)
`Case IPR2016-01366 (Patent 8,090,936 B2)
`_______________
`
`
`Before GEORGIANNA W. BRADEN, J. JOHN LEE, and JASON J. CHUNG,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 326(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2016-01365 (Patent 7,181,608 B2)
`IPR2016-01366 (Patent 8,090,936 B2)
`
`
`Both parties have requested oral argument pursuant to 37 C.F.R. § 42.70(a)
`in each of the above-captioned cases. See, e.g., IPR2016-01365, Papers 18 & 19.
`The requests are granted.
`Each party will have 45 minutes total for its presentation for both cases.
`Each party is free to divide its time among the cases as it chooses, but must make
`clear at all times, for purposes of the transcript, the case(s) it is discussing.
`Regardless, any representation made by counsel at the consolidated oral argument
`is applicable to all proceedings in which an underlying basis exists for the
`representation. The oral hearing will commence at 1:00 PM Eastern Time, on
`Wednesday, September 20, 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. 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 ultimate burden of proof that the challenged patent
`claims are unpatentable. Therefore, at the oral hearing, Petitioner will proceed first
`to present its case with respect to the challenged claims and grounds on which the
`Board instituted trial. Petitioner may reserve some of its time for rebuttal. Patent
`Owner then will respond to Petitioner’s initial presentation. Thereafter, Petitioner
`may use any time it has reserved to rebut Patent Owner’s presentation. On
`rebuttal, Petitioner will be restricted to only those matters raised by Patent Owner
`in its presentation.
`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
`
` 2
`
`
`
`
`
`
`
`IPR2016-01365 (Patent 7,181,608 B2)
`IPR2016-01366 (Patent 8,090,936 B2)
`
`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.
`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.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v.
`Board of Regents of the University of Michigan, Case IPR2013-00041, slip op. 2–5
`(PTAB Jan. 27, 2014) (Paper 65), and CBS Interactive Inc. v. Wireless Sciences
`LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118), for guidance
`regarding the proper 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.
`At least one of the judges will be attending the hearing remotely. Therefore,
`the parties are reminded that the presenter must identify clearly and specifically
`each demonstrative exhibit (e.g., by slide or screen number), paper, or exhibit from
`the record referenced during the hearing to assist the judges and ensure the clarity
`and accuracy of the reporter’s transcript.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any backup counsel may make the actual presentation, in whole
`
` 3
`
`
`
`
`
`
`
`IPR2016-01365 (Patent 7,181,608 B2)
`IPR2016-01366 (Patent 8,090,936 B2)
`
`or in part. If lead counsel for any party will not be in attendance at the hearing, the
`Board should be notified no later than three business days prior to the hearing, if
`possible, to discuss the matter.
`Requests for audio-visual equipment are to be made at least five business
`days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov by e-mail. If the request is not timely received, the equipment
`may not be available on the day of the hearing.
`
`
`ORDER
`
`It is
`
`ORDERED that the measures set forth above shall govern the oral hearing in
`
`the above-captioned proceedings.
`
`
`
`
`
` 4
`
`
`
`
`
`
`
`IPR2016-01365 (Patent 7,181,608 B2)
`IPR2016-01366 (Patent 8,090,936 B2)
`
`PETITIONER:
`
`Walter Renner
`Jeremy Monaldo
`Andrew Patrick
`Katherine Vidal
`FISH & RICHARDSON P.C.
`IPR39521-0023IP1@fr.com
`PTABInbound@fr.com
`
`PATENT OWNER:
`
`Richard Zhang
`Joseph Edell
`FISCH SIGLER LLP
`richard.zhang.ipr@fischllp.com
`joe.edell@fischllp.com
`
` 5
`
`
`
`
`
`
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