`571-272-7822
`
`
`
`
`
`
`Paper No. 33
`Entered: December 19, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`IMMERSION CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-01907
`Patent 7,808,488 B2
`____________
`
`
`Before BRYAN F. MOORE, PATRICK R. SCANLON, and
`MINN CHUNG, Administrative Patent Judges.
`
`SCANLON, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2016-01907
`Patent 7,808,488 B2
`
`
`The date set for oral argument in this proceeding is January 10, 2018,
`if oral argument is requested by either party and granted by the Board.
`Paper 11. Both parties have requested oral argument pursuant to 37 C.F.R.
`§ 42.70. Papers 25, 29. The parties’ requests are granted to the extent set
`forth below.
`Oral argument will commence promptly after the hearing for related
`Case IPR2016-01907 (scheduled to commence at 1:00 PM Eastern Time), at
`approximately 2:00 PM Eastern Time, on Wednesday, January 10, 2018.
`The oral argument will be conducted on the ninth floor of Madison Building
`East, 600 Dulany Street, Alexandria, Virginia 22314. The oral argument
`will be open to the public for in-person attendance, which will be
`accommodated on a first-come, first-served basis. The Board will provide a
`court reporter for the oral argument, and the reporter’s transcript will
`constitute the official record of the oral argument. Each party will have a
`total of 45 minutes to present arguments. Because Petitioner bears the
`ultimate burden of persuasion that the claims at issue are unpatentable,
`Petitioner will begin the oral argument by presenting its case regarding the
`challenged claims at issue. Thereafter, Patent Owner will argue its
`opposition to Petitioner’s case. Patent Owner also may present its
`arguments in support of its Motion to Exclude Evidence. Petitioner may
`reserve time to rebut Patent Owner’s opposition, including arguments
`regarding Patent Owner’s Motion to Exclude Evidence.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the oral argument. The parties shall file the
`demonstrative exhibits at least two business days before the oral argument.
`We expect that the parties will meet and confer in good faith to resolve all
`
` 2
`
`
`
`
`
`
`
`IPR2016-01907
`Patent 7,808,488 B2
`
`objections to demonstrative exhibits, but if such objections cannot be
`resolved, the parties may file objections to demonstrative exhibits with the
`Board at least two business days before the oral argument. Any objection
`that is not timely presented will be considered waived. The objections
`should identify with particularity which demonstrative exhibits 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 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 may refer to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23, 2013)
`(Paper 118), and St. Jude Medical, Cardiology Div., Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`The Board expects lead counsel for each party to be present at the oral
`argument, although backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at the oral
`argument, the Board should be notified via a joint telephone conference call
`no later than two days prior to the oral argument to discuss the matter.
`Any requests for audio-visual equipment must be emailed to
`Trials@uspto.gov at least two days before the oral argument. 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 oral argument to ensure the clarity and accuracy of the reporter’s
`transcript. The parties also should note that one or more panel members will
`
` 3
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`
`
`IPR2016-01907
`Patent 7,808,488 B2
`
`be participating via teleconferencing and will have access to only the
`courtesy copy of the demonstratives provided in advance, as referenced
`above.
`
`
` 4
`
`
`
`
`
`
`
`IPR2016-01907
`Patent 7,808,488 B2
`
`PETITIONER:
`
`James Heintz
`Brian Erickson
`DLA PIPER LLP
`jim.heintz@dlapiper.com
`brian.erickson@dlapiper.com
`
`
`
`PATENT OWNER:
`
`Michael Fleming
`Babak Redjaian
`IRELL & MANELLA LLP
`mfleming@irell.com
`bredjaian@irell.com
`
` 5
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