Paper: 37
`
`Trials@uspto.gov
`Date: August 2, 2018
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., WHATSAPP, INC., and LG ELECTRONICS, INC.
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`
`____________
`
`Case IPR2017-01427
`Patent 8,995,433 B21
`
`
`
`
`
`Before JENNIFER S. BISK, MIRIAM L. QUINN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`
`BOUDREAU, Administrative Patent Judge.
`
`HEARING ORDER
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`1 LG Electronics, Inc., which filed a petition and motion for joinder in
`IPR2017-02087, has been joined as a petitioner in IPR2017-01427.
`
`

`

`IPR2017-01427
`Patent 8,995,433 B2
`
`
`
`
`
`The parties have requested an oral hearing pursuant to 37 C.F.R. § 42.70.
`See Papers 35, 36. We grant the parties’ request.
`The hearing for this proceeding will commence at 11 AM Central Time, on
`August 30, 2018. Petitioner2 and Patent Owner each will have fifteen minutes of
`total argument time. Petitioner bears the ultimate burden of proof that the claims
`at issue in this review are unpatentable. Therefore, Petitioner will proceed first to
`present its case with regard to the challenged claims on which we instituted trial.
`Thereafter, Patent Owner will respond to Petitioner’s case. After that, Petitioner
`will make use of the rest of its time responding to Patent Owner’s specific
`arguments presented at the hearing. There are no motions to amend or other
`motions to be addressed at the hearing, and no rebuttal time will be allotted to
`Patent Owner. No live testimony from any witness will be taken at the oral
`argument.
`The hearing will be conducted at the Texas Regional Office in Room 155,
`first floor of 207 S. Houston Street, Dallas Texas 75202.3 The hearing will be
`open to the public for in-person attendance, which will be accommodated on a
`first-come, first-served basis. The parties are advised that the hearing room has
`limited capacity. Therefore, to facilitate access to the regional-office hearing
`room, each party is asked to email the Board (Trials@uspto.gov), at least five
`business days prior to the hearing, indicating the number of attendees for its side
`(attorneys and others). If the parties have concerns about disclosing confidential
`
`
`2 Pursuant to the Partial Dismissal Order entered on May 29, 2018, petitioners
`Facebook and WhatsApp will not be permitted to present argument in this
`proceeding, except with respect to any issues concerning solely challenged claim 7.
`See Paper 30.
`3 Information concerning the Texas Regional Office can be found in the USPTO
`website at http://www.uspto.gov/about-us/uspto-locations/dallas-texas.
`2
`
`
`

`

`
`
`IPR2017-01427
`Patent 8,995,433 B2
`
`
`information, they are requested to contact the Board at least ten business days in
`advance of the hearing to discuss the matter.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least
`five business days before the hearing. The parties shall confer regarding any
`objections to demonstrative exhibits, and file demonstrative exhibits with the
`Board, as a separate exhibit in accordance with 37 C.F.R. § 42.63, at least five
`business days prior to the hearing.
`Demonstrative exhibits are not evidence, but merely visual aids for use at the
`oral hearing. For any issue regarding the proposed demonstrative exhibits that
`cannot be resolved after conferring with the opposing party, the parties may file
`jointly a one-page list of objections at least five business days prior to the hearing.
`The list should identify with particularity which demonstrative exhibits are subject
`to objection and include a short statement (no more than one concise 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,
`to discuss them. Otherwise, we may expunge all demonstratives or allow only
`those that we do not find objectionable. Typically, however, we reserve ruling on
`the objections until hearing or ruling is necessary to resolve the dispute. 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 reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number and by
`content) referenced during each hearing to ensure the clarity and accuracy of the
`reporter’s transcript. Further, because a consolidated hearing will be conducted for
`three proceedings, if an argument and/or evidence applies only to a particular
`
`3
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`

`

`
`
`IPR2017-01427
`Patent 8,995,433 B2
`
`
`proceeding or proceedings, the presenter must identify the proceeding or
`proceedings, to which that argument and/or evidence applies. The parties also
`should note that Judge Jennifer Bisk (Alexandria) and Judge Charles Boudreau
`(San Jose) will be attending each hearing electronically and will only have access
`to the courtesy copy of the demonstratives provided in advance, as referenced
`above. If a demonstrative is not made available to the Board in the manner
`indicated above, that demonstrative may not be available to each of the judges
`during the hearing and may not be considered. Further, images projected, using
`audio visual equipment in Dallas, will not be visible to Judges Bisk and Boudreau.
`Because of limitations on the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room podium. If the parties
`have questions as to whether demonstrative exhibits would be sufficiently visible
`and available to all of the judges, the parties are invited to contact the Board at
`(571) 272-9797.
`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 is unable to attend the oral argument, the Board
`should be notified via a joint telephone conference call no later than five business
`days prior to the oral hearing to discuss the matter.
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing. The reporter’s transcript
`will be entered in the record of the proceedings.
`Requests for audio-visual equipment or special accommodations at the
`hearing are to be made five days in advance of the hearing date. The requests must
`be sent to Trials@uspto.gov. If the requests are not received timely, equipment or
`accommodations may not be available on the day of the hearing.
`
`
`
`4
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`

`

`
`
`
`
`IPR2017-01427
`Patent 8,995,433 B2
`
`For PETITIONER
`
`Heidi L. Keefe
`Phillip E. Morton
`Mark R. Weinstein
`COOLEY LLP
`hkeefe@cooley.com
`pmorton@cooley.com
`mweinstein@cooley.com
`zpatdcdocketing@cooley.com
`
`David Garr
`Gregory Discher
`COVINGTON & BURLING
`dgarr@cov.com
`gdischer@cov.com
`
`Anand Sharma
`Minjae Kang
`Joshua Goldberg
`Bradford Shulz
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, L.L.P
`Anand.sharma@finnegan.com
`Minjae.kang@finnegan.com
`Joshua.goldbert@finnegan.com
`Bradford.shulz@finnegan.com
`
`For PATENT OWNER
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`Ryan Loveless
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`ryan@etheridgelaw.com
`
`
`5
`
`
`

`

`IPR2017-01427
`Patent 8,995,433 B2
`
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
`
`
`
`
`
`6
`
`
`