`Tel: 571-272-7822
`
`Paper 21
`Entered: March 23, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`ANDREA ELECTRONICS CORP.,
`Patent Owner.
`_______________
`
`Cases IPR2017-00626 and IPR2017-00627
`Patent 6,363,345 B2
`_______________
`
`Before STEPHEN C. SIU, MICHAEL R. ZECHER, and
`JEREMY M. PLENZLER, Administrative Patent Judges.
`
`PLENZLER, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2017-00626/627
`Patent 6,363,345 B2
`
`
`
`The parties have requested an oral hearing pursuant to 37 C.F.R.
`
`§ 42.70. IPR2017-00626, Papers 21 and 22; IPR2017-00627, Papers 19 and
`
`20. The request for an oral hearing is granted. The oral hearing will
`
`commence at 1:00 PM Eastern Time on April 25, 2018, on the ninth floor of
`
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`The panel encourages the parties not to use the oral argument time to
`
`provide an overview of their case. Instead, the panel encourages each party,
`
`after some initial remarks, to focus on specific issues it would like to
`
`highlight or clarify, starting with those the party deems most important to
`
`discuss with the Board. It is the panel’s experience that long slide decks
`
`sequentially stepping through each issue in a case is not the most effective
`
`use of the hearing. The panel will make its decision based on the written
`
`briefs; however, oral hearing is the parties’ opportunity to clarify the panel’s
`
`understanding of the evidence and the parties’ positions in the briefs.
`
`Each side will have forty-five minutes to present arguments. Petitioner
`
`bears the ultimate burden of proof that the claims at issue in these reviews
`
`are unpatentable. 35 U.S.C. § 316(e) (“[T]he petitioner shall have the
`
`burden of proving a proposition of unpatentability by a preponderance of the
`
`evidence.”). Petitioner will, therefore, begin by presenting its case regarding
`
`the challenged claims and grounds for which the Board instituted trial in
`
`these proceedings. Patent Owner will then respond to Petitioner’s
`
`arguments. Petitioner may reserve time to reply to arguments presented by
`
`Patent Owner.
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis. The Board will
`
`2
`
`
`
`IPR2017-00626/627
`Patent 6,363,345 B2
`
`provide a court reporter, and the transcript shall constitute the official record
`
`of the hearing and be entered in each proceeding.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least five business days before the hearing. The parties also shall provide a
`
`courtesy copy of any demonstrative exhibits to the Board by the end of day,
`
`April 19, 2018, by emailing them to Trials@uspto.gov. The parties shall not
`
`file any demonstrative exhibits in this proceeding, without prior
`
`authorization from the Board. For guidance on what constitutes an
`
`appropriate demonstrative exhibit, the parties are directed to CBS Interactive
`
`Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB Oct. 23, 2013) (Paper
`
`118). No live testimony from any witness will be taken at the oral argument.
`
`At least one member of the panel will be attending the conference via
`
`remote video link. Physical exhibits and the projector screen will not be
`
`viewable to this judge. The parties should prepare accordingly. Questions
`
`regarding specific audio-visual equipment should be directed to the Board at
`
`(571) 272-9797. Requests for audio-visual equipment are to be made no
`
`later than five days in advance of the hearing date. The request is to be sent
`
`to Trials@uspto.gov, and any request not sent separately and specifically to
`
`that email address will not be considered. If the request is not received
`
`timely, the equipment may not be available on the day of the hearing.
`
`3
`
`
`
`IPR2017-00626/627
`Patent 6,363,345 B2
`
`PETITIONER:
`
`Jeffrey Kushan
`jkushan@sidley.com
`
`Steven Baik
`sbaik@sidley.com
`
`Thomas Broughan
`tbroughan@sidley.com
`
`PATENT OWNER:
`
`William Belanger
`belangerw@pepperlaw.com
`
`Andrew Schultz
`schultza@pepperlaw.com
`
`Griffin Mesmer
`mesmerg@pepperlaw.com
`
`4
`
`
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