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Trials@uspto.gov
`Tel: 571-272-7822
`
` Paper 52
` Entered: March 16, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`
`Case IPR2017-00210 (Patent 7,116,710 B1)
`Case IPR2017-00219 (Patent 7,116,710 B1)
`Case IPR2017-002971 (Patent 7,916,781 B2)2
`
`Before KEN B. BARRETT, TREVOR M. JEFFERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`HUDALLA, Administrative Patent Judge.
`
`ORDER
`Trial Hearings
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70(a)
`
`1 Case IPR2017-00423 has been consolidated with this proceeding.
`2 This Order pertains to all of these cases. Therefore, we exercise our
`discretion to issue a single Order to be filed in each case. The parties are not
`authorized to use this style of heading for any subsequent papers.
`
`

`

`IPR2017-00210 (Patent 7,116,710 B1)
`IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`
`
`Petitioner and Patent Owner each request oral hearings pursuant to
`
`37 C.F.R. § 42.70(a). See IPR2017-00210, Papers 56, 58; IPR2017-00219,
`
`Papers 55, 57; IPR2017-00297, Papers 48, 50. The requests are granted.
`
`Each side will have 30 minutes to present its arguments in each case.
`
`Petitioner bears the ultimate burden of proof that the challenged claims are
`
`unpatentable. See 35 U.S.C. § 316(e). Therefore, at each hearing, Petitioner
`
`will proceed first to present its case as to the challenged claims, and may
`
`reserve rebuttal time. Patent Owner then will respond to Petitioner’s case.
`
`After that, Petitioner may use the rest of its time to respond to Patent
`
`Owner’s presentation.
`
`The hearings will begin at 9:30 AM on Thursday, April 19, 2018,
`
`and proceed in the following order: IPR2017-00210, IPR2017-00219,
`
`IPR2017-00297. The hearings will be open to the public for in-person
`
`attendance on the ninth floor of Madison Building East, 600 Dulany
`
`Street, Alexandria, Virginia. One or more judges of the panel may attend
`
`remotely. In-person attendance will be accommodated on a first-come, first-
`
`served basis. The Board will provide a court reporter for the hearings, and
`
`the reporter’s transcript will constitute the official record of the hearings. If
`
`the parties have any concern about disclosing confidential information, they
`
`are to contact the Board at least ten days before the hearings to discuss the
`
`matter.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven business days prior to the hearings. The parties shall meet and
`
`confer regarding any objections to demonstrative exhibits, and the parties
`
`shall file demonstrative exhibits with the Board at least three business days
`
`2
`
`

`

`IPR2017-00210 (Patent 7,116,710 B1)
`IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`
`prior to the hearings. If any issues regarding demonstratives remain
`
`unresolved after the parties meet and confer, the parties shall file jointly a
`
`one-page list of objections at least three business days prior to the hearings.
`
`The list should identify with particularity which demonstrative exhibits are
`
`subject to objection and include a short statement (no more than one
`
`sentence) of the reason for each objection. No argument or further
`
`explanation is permitted. We will consider the objections and schedule a
`
`conference call if necessary. Otherwise, we will reserve ruling on the
`
`objections until the hearings or after the hearings. Any objection to
`
`demonstrative exhibits that is not presented timely will be considered
`
`waived. Each party also shall provide a hard copy of its demonstrative
`
`exhibits to the court reporter at the hearing.
`
`The parties are directed to St. Jude Medical, Cardiology Division,
`
`Inc. v. The Board of Regents of the University of Michigan, No. IPR2013-
`
`00041 (PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate content
`
`of demonstrative exhibits. 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 hearings to ensure the clarity and
`
`accuracy of the reporter’s transcript.
`
`The Board expects lead counsel for Petitioner and Patent Owner to be
`
`present at the hearings, though any back-up counsel may make the actual
`
`presentation, in whole or in part. If lead counsel for any party will not be in
`
`attendance at the hearings, the Board should be notified via a joint
`
`conference call no later than three days prior to the hearings to discuss the
`
`matter.
`
`3
`
`

`

`IPR2017-00210 (Patent 7,116,710 B1)
`IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`
`
`Requests for audio-visual equipment at the hearing are to be made
`
`five days in advance of the date of the hearings. The requests must be sent
`
`to Trials@uspto.gov. If the requests are not received timely, equipment may
`
`not be available on the day of the hearings.
`
`
`
`4
`
`

`

`IPR2017-00210 (Patent 7,116,710 B1)
`IPR2017-00219 (Patent 7,116,710 B1)
`IPR2017-00297 (Patent 7,916,781 B2)
`
`
`
`PETITIONER:
`
`Richard Goldenberg
`Richard.goldenberg@wilmerhale.com
`
`Dominic Massa
`Dominic.massa@wilmerhale.com
`
`Michael Smith
`Michael.smith@wilmerhale.com
`
`
`PATENT OWNER:
`
`Michael Rosato
`mrosato@wsgr.com
`
`Matthew Argenti
`margenti@wsgr.com
`
`Richard Torczon
`rtorczon@wsgr.com
`
`Kevin Johnson
`kevinjohnson@quinnemanuel.com
`
`Todd Briggs
`toddbriggs@quinnemanuel.com
`
`
`
`
`
`5
`
`

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