Trials@uspto.gov
`571-272-7822
`
`
`
` Paper 45
`
` Entered: December 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`_______________
`
`
`
`
`
`
`Case IPR2016-01737 (Patent 8,880,862)
`Case IPR2016-01738 (Patent 8,880,862)
`Case IPR2016-01739 (Patent 8,880,862)1
`______________
`
`
`Before GEORGIANNA W. BRADEN and
`JASON J. CHUNG, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`1 The Order concerns a matter applicable to all proceedings. We
`exercise our discretion to file a single Order in the cases. The
`parties, however, are not authorized to use this caption.
`
`
`571-272-7822
`
`
`
` Paper 45
`
` Entered: December 21, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`_______________
`
`
`
`
`
`
`Case IPR2016-01737 (Patent 8,880,862)
`Case IPR2016-01738 (Patent 8,880,862)
`Case IPR2016-01739 (Patent 8,880,862)1
`______________
`
`
`Before GEORGIANNA W. BRADEN and
`JASON J. CHUNG, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`1 The Order concerns a matter applicable to all proceedings. We
`exercise our discretion to file a single Order in the cases. The
`parties, however, are not authorized to use this caption.
`
`
`
`Case IPR2016-01737 (Patent 8,880,862)
`Case IPR2016-01738 (Patent 8,880,862)
`Case IPR2016-01739 (Patent 8,880,862)
`
`
`In March 2017, we entered Decisions to Institute a trial
`proceedings in IPR2016-01737, IPR2016-01738, and IPR2016-01739.
`Paper 7.2 An Amended Scheduling Order in each case set the date for
`oral hearing, if requested by either party, as January 8, 2018. Paper
`34. Pursuant to 37 C.F.R. § 42.70, both parties have requested oral
`hearing. Papers 41, 42. Petitioner’s and Patent Owner’s requests for
`oral hearing are granted.
`Oral argument for this proceeding will be held on January 8, 2018
`on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. The hearing will commence at 1:00 PM Eastern
`Time and it will be open to the public for in-person attendance. In-
`person attendance will be accommodated on a first-come-first-served
`basis. If the parties have any concern about disclosing confidential
`information, they are to contact the Board at least three (3) business
`days in advance of the hearing to discuss the matter.
`Each party will have ninety (90) minutes of total time to present
`arguments for all three cases. Petitioner bears the ultimate burden of
`proof that the claims at issue are unpatentable. Therefore, Petitioner
`will proceed first to present its cases with regard to the challenged
`claims and grounds on which we instituted trial in IPR2016-01737,
`IPR2016-01738, and IPR2016-01739. Patent Owner then will argue its
`oppositions to Petitioner’s cases. Petitioner may reserve rebuttal time.
`Although Patent Owner does not bear the burden of proof with regards
`
`2 All citations are to the record in IPR2016-01737.
`
`2
`
`
`
`
`Case IPR2016-01737 (Patent 8,880,862)
`Case IPR2016-01738 (Patent 8,880,862)
`Case IPR2016-01739 (Patent 8,880,862)
`
`to its motion to amend claims in IPR2016-01737 and IPR2016-01738, it
`nonetheless, may reserve rebuttal time to respond only to Petitioner’s
`argument regarding the proposed substitute claims.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an
`exhibit. The Board will not consider any deposition testimony that has
`not been so filed.
`Furthermore, pursuant to 37 C.F.R. § 42.70(b), demonstrative
`exhibits must be served at least five (5) business days before the
`hearing. The demonstrative exhibits in this case are not
`evidence and are intended only to assist the parties in
`presenting their oral argument to the Board. The parties shall
`serve objections to each other at least four (4) business days before the
`hearing. The parties shall meet and confer in good faith in an attempt
`to resolved objections. For any unresolved objections, the parties must,
`file the objections to the demonstratives with the Board at least three
`(3) business days before the hearing. Any objection to the
`demonstrative exhibits that is not presented timely will be considered
`waived. The objections should identify with particularity which
`demonstratives are subject to objection, and include a short (one
`sentence or less) statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider
`
`
`
`
`3
`
`
`
`Case IPR2016-01737 (Patent 8,880,862)
`Case IPR2016-01738 (Patent 8,880,862)
`Case IPR2016-01739 (Patent 8,880,862)
`
`the objections and schedule a conference if deemed necessary.
`Otherwise, the Board will reserve ruling on the objections until after
`the oral argument. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of
`Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The parties shall file demonstrative exhibits into the records of
`these proceedings at least three (3) business days prior to the hearing.
`The parties also shall provide a courtesy copy of any demonstrative
`exhibits to the Board at least three (3) business days prior to the
`hearing by emailing them to Trials@uspto.gov.
`The Board expects lead counsel for each party to be present at oral
`hearing, although any backup counsel may make the actual
`presentation, in whole or in part. If lead counsel for either party will
`not be in attendance at oral hearing, the Board should be notified via a
`joint telephone conference call no later than three (3) business days
`prior to the oral hearing to discuss the matter.
`Any special requests for audio visual equipment should be
`directed to Trials@uspto.gov. Requests for special equipment will not
`be honored unless presented in a separate communication not less than
`five (5) business days before the hearing directed to the above email
`address.
`At least one judge will be participating remotely via a
`videoconferencing device and will not be able to view the projection
`
`
`
`
`4
`
`
`
`Case IPR2016-01737 (Patent 8,880,862)
`Case IPR2016-01738 (Patent 8,880,862)
`Case IPR2016-01739 (Patent 8,880,862)
`
`screen in the hearing room. Thus, overhead projectors or elmos are
`unavailable for the hearing. 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 avoid confusion, and to ensure the clarity and accuracy of the
`reporter’s transcript.
`
`
`
`
`5
`
`
`
`Case IPR2016-01737 (Patent 8,880,862)
`Case IPR2016-01738 (Patent 8,880,862)
`Case IPR2016-01739 (Patent 8,880,862)
`
`
`
`PETITIONER:
`
`Walter Renner
`Axf-ptab@fr.com
`
`Jeremy Monaldo
`jjm@fr.com
`
`Andrew Patrick
`patrick@fr.com
`
`Katherine Lutton
`lutton@fr.com
`
`James Huguenin-Love
`Huguenin-love@fr.com
`
`
`PATENT OWNER:
`
`Joseph Edell
`Joe.edell.ipr@fischllp.com
`
`Richard Zhang
`Richard.zhang.ipr@fischllp.com
`
`
`
`
`
`
`6
`
`
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