Paper: 28
`Trials@uspto.gov
`571-272-7822
`Date: August 2, 2018
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., WHATSAPP, INC., and LG ELECTRONICS, INC., and
`HUAWEI DEVICE CO., LTD.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`
`____________
`
`Case IPR2017-01428 (Patent 8,995,433 B2)1
`
`________________________
`
`FACEBOOK, INC., WHATSAPP, INC., HUAWEI DEVICE CO., LTD., and
`LG ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`
`____________
`
`1 LG Electronics, Inc. and Huawei Device Co., Ltd., which filed a petition and
`motion for joinder in IPR2017-02088, have been joined as petitioners in
`IPR2017-01428.
`
`
`Trials@uspto.gov
`571-272-7822
`Date: August 2, 2018
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., WHATSAPP, INC., and LG ELECTRONICS, INC., and
`HUAWEI DEVICE CO., LTD.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`
`____________
`
`Case IPR2017-01428 (Patent 8,995,433 B2)1
`
`________________________
`
`FACEBOOK, INC., WHATSAPP, INC., HUAWEI DEVICE CO., LTD., and
`LG ELECTRONICS, INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`
`____________
`
`1 LG Electronics, Inc. and Huawei Device Co., Ltd., which filed a petition and
`motion for joinder in IPR2017-02088, have been joined as petitioners in
`IPR2017-01428.
`
`
`
`IPR2017-01428 (Patent 8,995,433 B2)
`IPR2017-01667 (Patent 8,724,622 B2)
`IPR2017-01668 (Patent 8,724,622 B2)
`
`
`
`Case IPR2017-01667 (Patent 8,724,622 B2)2
`
`
`
`
`
`________________________
`
`FACEBOOK, INC. and WHATSAPP, INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`
`____________
`
`Case IPR2017-01668 (Patent 8,724,622 B2)
`____________
`
`
`
`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
`
`
`
`
`
`2 Huawei Device Co., Ltd. and LG Electronics, Inc., which filed a petition and
`motion for joinder in IPR2017-02090, have been joined as petitioners in
`IPR2017-01667.
`
`2
`
`
`
`
`
`
`IPR2017-01428 (Patent 8,995,433 B2)
`IPR2017-01667 (Patent 8,724,622 B2)
`IPR2017-01668 (Patent 8,724,622 B2)
`
`
`
`The parties have requested an oral hearing in each of these proceedings
`pursuant to 37 C.F.R. § 42.70. See IPR2017-01428, Papers 30, 31;
`IPR2017-01667, Papers 26, 27; IPR2017-01668, Papers 24, 25. We grant the
`parties’ request.
`The consolidated hearing for these proceedings will commence at
`approximately 11:30 am Central Time on August 30, 2018, immediately
`following the hearing in IPR2017-01427, involving a subset of parties hereto and
`scheduled for 11 am the same day. Petitioner3 and Patent Owner each will have
`forty-five 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 75202.4 The hearing will be
`open to the public for in-person attendance, which will be accommodated on a
`
`
`3 Pursuant to the orders joining Huawei and LG to IPR2017-01428 and IPR2017-
`01667, Huawei and LG will not be permitted to present any separate argument in
`connection with these proceedings. See IPR2017-02088, Paper 9; IPR2017-02090,
`Paper 9.
`4 Information concerning the Texas Regional Office can be found in the USPTO
`website at http://www.uspto.gov/about-us/uspto-locations/dallas-texas.
`3
`
`
`
`
`
`
`IPR2017-01428 (Patent 8,995,433 B2)
`IPR2017-01667 (Patent 8,724,622 B2)
`IPR2017-01668 (Patent 8,724,622 B2)
`
`
`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
`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 the hearing or ruling is necessary to resolve the dispute. Any
`objection to demonstrative exhibits that is not presented timely will be considered
`
`4
`
`
`
`
`
`
`IPR2017-01428 (Patent 8,995,433 B2)
`IPR2017-01667 (Patent 8,724,622 B2)
`IPR2017-01668 (Patent 8,724,622 B2)
`
`
`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
`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
`
`5
`
`
`
`
`
`
`IPR2017-01428 (Patent 8,995,433 B2)
`IPR2017-01667 (Patent 8,724,622 B2)
`IPR2017-01668 (Patent 8,724,622 B2)
`
`
`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 each 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.
`
`
`
`
`6
`
`
`
`
`
`
`
`
`IPR2017-01428 (Patent 8,995,433 B2)
`IPR2017-01667 (Patent 8,724,622 B2)
`IPR2017-01668 (Patent 8,724,622 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
`
`
`
`
`
`
`7
`
`
`
`
`
`
`
`
`IPR2017-01428 (Patent 8,995,433 B2)
`IPR2017-01667 (Patent 8,724,622 B2)
`IPR2017-01668 (Patent 8,724,622 B2)
`
`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
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
`
`
`8
`
`
`
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