`571-272-7822
`
`
`
`
`Paper 27
`Entered: November 2, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., HTC CORPORATION, HTC AMERICA, INC.,
`ZTE CORPORATION, AND ZTE (USA), INC.,
`Petitioners,
`
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT LLC,
`Patent Owner.
`____________
`
`Case IPR2016-014931
`Patent 8,457,676 B2
`____________
`
`
`Before BRYAN F. MOORE, GREGG I. ANDERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`1 HTC Corporation, HTC America, Inc., ZTE Corporation, and ZTE (USA),
`Inc. filed a petition in (now terminated) IPR2017-01081, and have been
`joined to the instant proceeding.
`
`
`
`IPR2016-01493
`Patent 8,457,676 B2
`
`
`Patent Owner has requested an oral hearing for inter partes review
`proceeding IPR2017-01493 pursuant to 37 C.F.R. § 42.70. Paper 20. Upon
`consideration by the panel, the Patent Owner’s request is granted.
`Each party will have one-half hour of total time to present arguments.
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`issue in this review are unpatentable. Petitioner will, therefore, begin by
`presenting its case regarding the challenged claims and grounds for which
`the Board instituted trial in the proceeding. Patent Owner will then respond
`to Petitioner’s arguments. Petitioner may reserve time to respond to
`arguments presented by Patent Owner. There is no motion to amend
`pending in the subject proceeding.
`There is a strong public policy interest in making all information
`presented in these proceedings public, as the review determines the
`patentability of claims in an issued patent and, thus, affects the rights of the
`public. This policy is reflected in part, for example, in 35 U.S.C. § 316(a)(1)
`and 35 U.S.C. § 326(a)(1), which provide that the file of any inter partes
`review or post grant review be made available to the public, except that any
`petition or document filed with the intent that it be sealed shall, if
`accompanied by a motion to seal, be treated as sealed pending the outcome
`of the ruling on the motion. Accordingly, we exercise our discretion to
`make the oral hearing publically available via in-person attendance.
`Specifically, the hearing will commence at 1:00 PM Eastern Standard
`Time, on November 8, 2017, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia. The hearing will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis.
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`IPR2016-01493
`Patent 8,457,676 B2
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`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`seven (7) business days before the hearing. Given the date of this order
`demonstrative exhibits may be served three (3) business days before the
`hearing. The parties may refer to St. Jude Medical, Cardiology Division,
`Inc. v. The Board of Regents of the University of Michigan, IPR2013-00041,
`slip op. 2–5 (PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate
`content of demonstrative exhibits. 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. Any issue regarding
`demonstrative exhibits should be resolved at least two business days prior to
`the hearing by way of a joint telephone conference call to the Board. 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 timely presented will be considered
`waived. The parties also shall provide the demonstrative exhibits to the
`Board at least two business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall email demonstrative exhibits to the
`Board but shall not file any demonstrative exhibits in this case without prior
`authorization from the Board. A hard copy of the demonstratives should be
`provided to the court reporter at the hearing.
`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 five (5) days in advance of the hearing date. The
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`IPR2016-01493
`Patent 8,457,676 B2
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`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 also should note that at least one member of the panel will
`be attending the hearing electronically from a remote location, and that if a
`demonstrative is not made fully available or visible to the judge participating
`in the hearing remotely, that demonstrative will not be considered. If the
`parties have questions as to whether demonstrative exhibits would be
`sufficiently visible and available to all of the judges, the parties are invited
`to contact the Board at (571) 272-9797. The parties are also 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 and the ability of
`the judge participating in the hearing remotely to closely follow the
`presenter’s arguments.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
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`IPR2016-01493
`Patent 8,457,676 B2
`
`PETITIONER APPLE INC.:
`Andrew S. Ehmke
`Scott T. Jarratt
`Clint S. Wilkins
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`scott.jarratt.ipr@haynesboone.com
`clint.wilkins.ipr@haynesboone.com
`
`
`PETITIONERS HTC CORPORATION, HTC AMERICA, INC.,
`ZTE CORPORATION, AND ZTE (USA), INC.:
`
`Steven A. Moore
`Brian Nash
`Rene Mai
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`steve.moore@pillsburylaw.com
`brian.nash@pillsburylaw.com
`rene.mai@pillsburylaw.com
`
`
`
`PATENT OWNER:
`
`Terry A. Saad
`Nicholas C. Kliewer
`BRAGALONE CONROY PC
`tsaad@bcpc-law.com
`nkliewer@bcpc-law.com
`
`
`
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