`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.
`Petitioner
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`v.
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`PERSONALIZED MEDIA COMMUNICATIONS, LLC
`Patent Owner
`
`Case No.: IPR2016-01520
`Patent No.: 8,559,635
`
`PETITIONER’S REQUEST FOR ORAL HEARING
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`
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`
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`Petitioner’s Request for Oral Hearing: IPR2016-01520
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`Pursuant to 37 C.F.R. § 42.70(a), Petitioner Apple Inc. (“Apple”) hereby
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`requests oral argument. The oral argument is presently scheduled for October 26,
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`2017. Paper 8. The issues to be argued include the following:
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`1.
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`Unpatentability based upon the instituted grounds:
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`(i)
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`Claims 13, 18, 20, and 32 as anticipated under 35 U.S.C. § 102 by
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`Chandra;
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`(ii) Claim 33 as obvious under 35 U.S.C. § 103 over Chandra and
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`Nachbar
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`(iii) Claims 4 and 7 as anticipated under 35 U.S.C. § 102 by Seth-
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`Smith;
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`(iv) Claim 3 as obvious under 35 U.S.C. § 103 over Campbell
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`Patent Owner’s Contingent Motion to Amend;
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`Procedural and evidentiary issues raised, e.g., in Motions to Exclude;
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`Any additional issues on which the Board seeks information or
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`2.
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`3.
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`4.
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`clarification.
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`Apple requests it be permitted to argue first. Office Patent Trial Practice
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`Guide, 77 Fed. Reg. 45,756, 48,768 (Aug. 14, 2012) (“[A] petitioner to a hearing
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`will go first followed by the patent owner or respondent after which a rebuttal may
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`be given by the petitioner.”).
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`Petitioner’s Request for Oral Hearing: IPR2016-01520
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`Apple requests that each party be allowed thirty (30) minutes for its
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`argument, with the opportunity to reserve a portion of that time for rebuttal.
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`Apple further requests the use of audio-visual equipment to assist its
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`arguments and to display its demonstrative exhibits, including a computer-
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`connectable projector, an ELMO, and a screen. Apple requests the services of a
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`court reporter to transcribe the proceeding.
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`
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`Date: September 21, 2017
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`
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`Respectfully submitted,
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`/s/ Marcus E. Sernel
`
`Marcus E. Sernel (Reg. No. 55,606)
`Joel R. Merkin (Reg. No. 58,600)
`KIRKLAND & ELLIS LLP
`300 North LaSalle Street
`Chicago, Illinois 60654
`P: 312.862.2000; F: 312.862.2200
`marc.sernel@kirkland.com
`joel.merkin@kirkland.com
`
`Attorneys For Petitioner
`
`2
`
`
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`Petitioner’s Request for Oral Hearing: IPR2016-01520
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`CERTIFICATE OF SERVICE
`The undersigned hereby certifies that a copy of the foregoing Petitioner’s
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`Request for Oral Hearing was served on September 21, 2017 to the following
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`attorneys of record by electronic transmission:
`
`Jennifer Albert
`Stephen Schneiner
`Krupa K. Parikh
`April E. Weisbruch
`GOODWIN PROCTER LLP
`901 New York Avenue N.W.
`Washington, D.C. 20001
`jalbert@goodwinprocter.com
`sschreiner@goodwinprocter.com
`kparikh@goodwinlaw.com
`aweisbruch@goodwinlaw.com
`DG-PMC-Apple@goodwinprocter.com
`
`Thomas J. Scott
`PERSONALIZED MEDIA
`COMMUNICATIONS, LLC
`14090 Southwest Freeway, Suite 450
`Sugar Land, TX 77478
`tscott@pmcip.com
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`Date: September 21, 2017
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`
`
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`
`
`Douglas Kline
`GOODWIN PROCTER LLP
`Exchange Place, 53 State Street
`Boston, Massachusetts 02109
`dkline@goodwinlaw.com
`DG-PMC-Apple@goodwinprocter.com
`
`/s/ Marcus E. Sernel
`
` Marcus E. Sernel
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