Trials@uspto.gov Paper No. 56
`571-272-7822 Entered: April 13, 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 IPR2017-00700 (Patent 7,421,032 B2)
`Case IPR2017-00701 (Patent 7,421,032 B2)
`Case IPR2017-00728 (Patent 7,421,032 B2)1
`____________
`
`
`Before KEN B. BARRETT, TREVOR M. JEFFERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Decision will be entered in each case. The parties are not authorized
`to use this caption style.
`
`
`571-272-7822 Entered: April 13, 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 IPR2017-00700 (Patent 7,421,032 B2)
`Case IPR2017-00701 (Patent 7,421,032 B2)
`Case IPR2017-00728 (Patent 7,421,032 B2)1
`____________
`
`
`Before KEN B. BARRETT, TREVOR M. JEFFERSON, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`BARRETT, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Decision will be entered in each case. The parties are not authorized
`to use this caption style.
`
`
`
`IPR2017-00700 (Patent 7,421,032 B2)
`IPR2017-00701 (Patent 7,421,032 B2)
`IPR2017-00728 (Patent 7,421,032 B2)
`
`
`
`Petitioner Apple Inc. and Patent Owner California Institute of
`Technology requested oral argument pursuant to 37 C.F.R. § 42.70(a). The
`requests are granted.
`The hearings will commence at 9:00 AM ET, on Tuesday, May 8,
`
`2018, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. The hearings will be open to the public for in-person
`attendance that will be accommodated on a first-come, first-served basis.
`The Board will provide a court reporter, and the reporter’s transcript will
`constitute the official record of the hearings.
`
`The hearings for the three subject cases will be conducted separately
`and sequentially, and will proceed in the following order: IPR2017-00700,
`IPR2017-00701, and IPR2017-00728. Each party will have a total of thirty
`(30) minutes to present arguments for each case. Petitioner bears the
`ultimate burden of proof that Patent Owner’s patent claims at issue are
`unpatentable. Thus, in each case: Petitioner will proceed first to present its
`case with respect to the challenged patent claims and grounds for which the
`Board instituted trial; thereafter, Patent Owner will respond to Petitioner’s
`arguments; and Petitioner may reserve some of its argument time to respond
`to Patent Owner’s presentation.
`
`The parties also should note that at least one member of the panel may
`be attending the hearing by video from a remote location. 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 ensure the clarity and accuracy of the reporter’s transcript and the
`
`2
`
`
`
`IPR2017-00700 (Patent 7,421,032 B2)
`IPR2017-00701 (Patent 7,421,032 B2)
`IPR2017-00728 (Patent 7,421,032 B2)
`
`
`ability of any judge participating in the hearing remotely to closely follow
`the presenter’s arguments.
`
`The parties are reminded that the demonstrative exhibits must be
`served and filed in accordance with 37 C.F.R. § 42.70(b). Additionally, the
`parties are requested to provide a courtesy copy of any demonstrative
`exhibits to the Board by emailing them to Trials@uspto.gov no later than
`4 pm ET on Monday, May 7, 2018.
`
`The Board asks that the parties attempt to resolve objections to the
`demonstratives, and, if any objections cannot be resolved, the parties must
`file those objections with the Board at least two business days before the
`hearing. Any objection to demonstrative exhibits that is not timely
`presented 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
`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 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.
`Requests for audio-visual equipment are to be made five (5)
`
`business days in advance of the hearing date. Any request is to be sent
`
`3
`
`
`
`IPR2017-00700 (Patent 7,421,032 B2)
`IPR2017-00701 (Patent 7,421,032 B2)
`IPR2017-00728 (Patent 7,421,032 B2)
`
`
`to Trials@uspto.gov. If the request is not received timely, the
`equipment may not be available on the day of the hearing.
`
`The Board expects lead counsel for each party to be present at the
`hearings, although lead or back-up counsel of record may make the
`presentation. If either party anticipates that its lead counsel will not attend
`the oral argument, the parties should initiate a joint telephone conference
`with the Board no later than two business days prior to the oral hearing to
`discuss the matter.
`
`The parties are reminded that, at the oral argument, they “may rely
`upon evidence that has been previously submitted in the proceeding and may
`only present arguments relied upon in the papers previously submitted.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768
`(Aug. 14, 2012). “No new evidence or arguments may be presented at the
`oral argument.” Id.
`
`Accordingly, it is
`
`ORDERED that oral argument will commence at 9:00 AM ET, on
`Tuesday, May 8, 2018, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`
`4
`
`
`
`IPR2017-00700 (Patent 7,421,032 B2)
`IPR2017-00701 (Patent 7,421,032 B2)
`IPR2017-00728 (Patent 7,421,032 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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