`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`HTC CORPORATION and HTC AMERICA, INC.,
`Petitioners,
`
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT LLC,
`Patent Owner.
`
`____________
`
`Case IPR2016-01501
`Patent 8,457,676
`____________
`
`PETITIONER’S REQUEST FOR ORAL HEARING
`
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Scheduling Order dated February
`
`13, 2017 (Paper 8), Petitioners 1 respectfully request oral argument, currently
`
`scheduled for November 8, 2017, and specifies the following issues to be argued:
`
`1. The invalidity of the challenged claims 1, 19, and 33 of U.S. Patent
`
`No. 8,457,676 as set forth in the instituted ground.
`
`2. The claim construction issues associated with the instituted ground.
`
`3. Other issues raised in papers filed in the present proceeding, including
`
`issues raised in any papers filed between today and the oral hearing.
`
`Petitioners note that they have been joined as Petitioners in IPR2016-01493,
`
`which challenges claims 1, 3, 19, and 21 of U.S. Patent No. 8,457,676 on different
`
`grounds than those raised here. See IPR2017-01081, Paper 11. The IPR2016-
`
`01493 proceeding and this proceeding have similar schedules, including an oral
`
`argument date scheduled for November 8, 2017. Pursuant to the Board’s institution
`
`and joinder decision, HTC Corporation, HTC America, Inc., ZTE Corporation, and
`
`ZTE (USA), Inc. were joined under certain conditions, including that Petitioner
`
`Apple shall handle all filings and shall designate attorney(s) to present argument at
`
`1 Petitioners HTC Corporation and HTC America, Inc., are aware that, on the
`same day this filing was submitted, the Board instituted and joined with this
`proceeding Petitioners ZTE Corporation and ZTE (USA), Inc. See IPR2017-01079,
`Paper No. 10. Although that Order has not been entered in this proceeding and did
`not attach a modified case caption to reflect the joinder, Petitioners submit this
`paper on behalf of HTC Corporation, HTC America, Inc., ZTE Corporation, and
`ZTE (USA), Inc.
`
`
`
`
`
`
`
`the hearing in IPR2016-01493. Petitioner Apple has since requested authorization
`
`to file a motion to terminate the proceeding as to Apple, and counsel for Apple has
`
`represented that it is precluded from taking any other actions in the case, including
`
`filing a Request for Oral Argument. As a result, Petitioners HTC Corporation,
`
`HTC America, Inc., ZTE Corporation, and ZTE (USA), Inc. have requested
`
`authorization from the Board to take an active role in the IPR2016-01493
`
`proceeding. In view of these developments, Petitioners HTC Corporation, HTC
`
`America, Inc., ZTE Corporation, and ZTE (USA), Inc. respectfully request that the
`
`oral arguments in IPR2016-01493 and IPR2016-01501 be scheduled to take place
`
`at the same time.
`
`Petitioner requests the ability to use audio visual equipment to display
`
`demonstrative exhibits, including the use of a projector and screen for PowerPoint
`
`display and an ELMO document camera/projector.
`
`Date: October 4, 2017
`
`
`
`Respectfully submitted,
`
` /Steve A. Moore/
` Steven A. Moore (Reg. No. 55,462)
`Pillsbury Winthrop Shaw Pittman LLP
`501 W. Broadway, Suite 1100
`San Diego, CA 92101
`Telephone: 619.544.3112
`Facsimile: 619.236.1995
`Email: steve.moore@pillsburylaw.com
`
`
`Brian C. Nash , Reg. No. 58,105
`Pillsbury Winthrop Shaw Pittman LLP
`
`2
`
`
`
`
`
`
`
`
`401 Congress Ave, Suite 1700
`Austin, Texas 78701-3343
`Tel: (512) 580-9629
`brian.nash@pillsburylaw.com
`
`
`Counsel for Petitioners
`
`
`
`3
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on October 4, 2017, I caused a true and correct copy of
`
`PETITIONER’S REQUEST FOR ORAL HEARING to be sent via email to the
`
`Edward R. Nelson, III
`NELSON BUMGARDNER, P.C.
`3131 West 7th St., Suite 300
`Fort Worth, TX 76107
`ed@nelbum.com
`
`
`following:
`
`Terry A. Saad
`Jeffrey R. Bragalone
`Daniel F. Olejko
`Nicholas C. Kliewer
`Bragalone Conroy PC
`2200 Ross Ave.
`Suite 4500 – West
`Dallas, TX 75201
`Email: tsaad@bcpc-law.com
`jbragalone@bcpc-law.com
`nkliewer@bcpc-law.com
`dolejko@bcpc-law.com
`BCPCserv@bcpc-law.com
`
`Date: October 4, 2017
`
`
`
` /Steve A. Moore/
` Steven A. Moore (Reg. No. 55,462)
`Pillsbury Winthrop Shaw Pittman LLP
`501 W. Broadway, Suite 1100
`San Diego, CA 92101
`Telephone: 619.544.3112
`Facsimile: 619.236.1995
`Email: steve.moore@pillsburylaw.com
`
`Counsel for Petitioners
`
`
`
`
`
`
`
`4
`
`
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