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Trials@uspto.gov Paper No. 35
`571–272–7822
`
`Entered: October 13, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS LLC,
`Patent Owner.
`____________
`
`Case IPR2016-01520
`Patent 8,559,635 B1
`____________
`
`
`
`
`Before KARL D. EASTHOM, KEVIN F. TURNER, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`TURNER, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Amended Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`

`

`IPR2016-01520
`Patent 8,559,635 B1
`
`
`On October 4, 2017, we issued a trial order in IPR2016-01520,
`granting the parties requests for oral hearing. Paper 34. On the same date,
`the Court of Appeals for the Federal Circuit issued its decision in Aqua
`Products, Inc. v. Matal, No. 2015-1177, 2017 WL 4399000 (Fed. Cir. Oct.
`4, 2017) (“Aqua Products”). Given this decision, we reach out to the parties
`again regarding minor changes to the oral hearing.
`Most aspects of the prior hearing order remain in effect. For example,
`the oral argument for this case still will be heard on Thursday, October 26,
`2017, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. The hearing will commence at 1:00 PM Eastern
`Time.
`In addition, each party will continue to have forty five (45) minutes of
`total time to present arguments. Petitioner will proceed first to present its
`case with regard to the challenged claims and grounds on which we
`instituted trial. In light of Aqua Products, however, Petitioner may also
`address the Contingent Motion to Amend in its initial remarks. After
`Petitioner’s presentation, Patent Owner will respond to Petitioner’s
`arguments. Petitioner may reserve time to respond to arguments presented
`by Patent Owner in rebuttal.
`As well, to allow for discussion of the sur-Reply authorized on
`October 11, 2017, demonstrative exhibits must be served at least three (3)
`business days before the hearing, with the parties providing a courtesy copy
`of any demonstrative exhibits to the Board at least two (2) business days
`prior to the hearing by emailing them to Trials@upto.gov. The parties must
`file any objections to the demonstratives with the Board at least two (2)
`business days before the hearing.
`
`2
`
`

`

`IPR2016-01520
`Patent 8,559,635 B1
`
`
`Accordingly, it is ORDERED that the oral argument shall commence
`at 1:00 PM Eastern Time, on Thursday, October 26, 2017, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia as
`set forth above.
`
`
`
`
`3
`
`

`

`IPR2016-01520
`Patent 8,559,635 B1
`
`PETITIONER:
`Marcus E. Sernel
`Joel R. Merkin
`Gregory S. Arovas
`Alan Rabinowitz
`KIRKLAND &ELLIS LLP
`msernel@kirkland.com
`jmerkin@kirkland.com
`garovas@kirkland.com
`arabinowitz@kirkland.com
`
`PATENT OWNER:
`Douglas Kline
`Jennifer Albert
`Sarah Fink
`Stephen Schreiner
`GOODWIN PROCTER LLP
`dkline@goodwinprocter.com
`jalbert@goodwinprocter.com
`sfink@goodwinlaw.com
`sschreiner@goodwinprocter.com
`DG-PMC-Apple@goodwinprocter.com
`
`Thomas J. Scott, Jr.
`tscott@pmcip.com
`
`
`4
`
`

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