Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`Paper 22
`Entered: October 26, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01993
`Patent 9,414,199 B2
`____________
`
`
`
`Before MIRIAM L. QUINN, KERRY BEGLEY, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`
`HEARING ORDER
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`571-272-7822
`
`
`
`
`
`
`Paper 22
`Entered: October 26, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2017-01993
`Patent 9,414,199 B2
`____________
`
`
`
`Before MIRIAM L. QUINN, KERRY BEGLEY, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`PER CURIAM.
`
`
`
`HEARING ORDER
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`IPR2017-01993
`Patent 9,414,199 B2
`
`
`Petitioner and Patent Owner each filed a request for an oral hearing,
`
`pursuant to 37 C.F.R. § 42.70. Paper 19; Paper 20. We grant the parties’
`
`requests.
`
`The oral hearing for this proceeding will commence at 12 pm Central
`
`Time on December 4, 2018. Petitioner and Patent Owner each will have
`
`forty-five minutes of argument time in total. Petitioner bears the ultimate
`
`burden of proof that the claims at issue in this review are unpatentable.
`
`Therefore, at the hearing, Petitioner will proceed first to present its case
`
`regarding the challenged patent claims and the grounds on which the Board
`
`instituted trial. Petitioner may reserve some (but not more than half) of its
`
`argument time to respond to arguments presented by Patent Owner. After
`
`Petitioner’s initial presentation, Patent Owner will be given an opportunity
`
`to respond and also may reserve some of its argument time for sur-rebuttal.
`
`Thereafter, Petitioner may use any reserved time to reply to Patent Owner’s
`
`presentation. Finally, Patent Owner may present a brief sur-rebuttal if it has
`
`reserved time. New arguments not previously presented in the parties’
`
`substantive papers in this proceeding shall not be raised at the hearing, and
`
`no live testimony from any witness will be taken at the hearing.
`
`The hearing will be conducted at the Texas Regional Office in
`
`Room 155, first floor of 207 S. Houston Street, Dallas Texas 75202.1 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
`
`
`1 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
`
`
`
`IPR2017-01993
`Patent 9,414,199 B2
`
`the regional-office hearing room, each party is asked to email the Board
`
`(Trials@uspto.gov) at least five business days before 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 seven 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 before the hearing.
`
`Demonstrative exhibits are not evidence but merely visual aids for use
`
`at the 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 waived. Each party also shall provide a
`
`hard copy of its demonstrative exhibits to the court reporter at the hearing.
`
`3
`
`
`
`IPR2017-01993
`Patent 9,414,199 B2
`
`
`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. The parties also should note that two judges will
`
`be attending the 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 the
`
`judges attending the hearing electronically. 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 the 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
`
`hearing, the Board should be notified via a joint telephone conference call no
`
`later than five business days before the 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 proceeding.
`
`Requests for audio-visual equipment or special accommodations at the
`
`hearing are to be made five days in advance of the hearing date. The
`
`4
`
`
`
`IPR2017-01993
`Patent 9,414,199 B2
`
`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.
`
`
`
`
`
`5
`
`
`
`IPR2017-01993
`Patent 9,414,199 B2
`
`For PETITIONER:
`
`Xin-Yi Zhou
`Sina S. Aria
`Laura A. Bayne
`Luann L. Simmons
`O’MELVENY & MYERS LLP
`APPLEUNILOCIPR@OMM.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
`
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
`
`
`6
`
`
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