`Request for Oral Hearing
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`––––––––––
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`––––––––––
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`FITBIT, INC. and WAHOO FITNESS LLC,
`Petitioners,
`v.
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`BLACKBIRD TECH LLC d/b/a BLACKBIRD TECHNOLOGIES,
`Patent Owner.
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`––––––––––
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`Case IPR2017-02012
`Patent 6,434,212
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`––––––––––
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`PETITIONERS’ REQUEST FOR ORAL HEARING
`37 C.F.R. § 42.70
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`IPR2017-02012
`Request for Oral Hearing
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`Pursuant to the Board’s March 12, 2018 and May 16, 2018 Scheduling and
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`Conduct of the Proceeding Orders (Papers 9 and 11 ), 37 C.F.R. § 42.70(a), and 35
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`U.S.C. § 316(a)(10), Petitioners respectfully request oral argument on December
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`12, 2018. Petitioners request1 (without any intent to waive consideration of any
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`issue not requested) one hour for the Petitioners to address the following issues at
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`the oral hearing:
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`• Ground 1: Claims 3 and 5 are anticipated by Amano (Ex. 1003);
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`• Ground 2: Claims 3 and 5 are obvious under Amano (Ex. 1003); and
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`• Ground 3: Claim 6 is obvious under Amano (Ex. 1003) in view of
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`Kato (Ex. 1004).
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`Petitioners request the ability to reserve a portion of its total time for
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`presenting rebuttal arguments after Patent Owner’s presentation. Petitioners
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`additionally request that the Board provide audio-visual equipment to display
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`demonstrative exhibits, including a projector to be connected to a laptop, and a
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`document camera for displaying documents of record. In accordance with the
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`Trial Practice Guide, Fed. Reg. Vol. 77, No. 157, at 48768, Petitioners will contact
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`the Board Trial Division paralegal to discuss this request.
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`1 Patent Owner’s position is that each side should receive 45 minutes.
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`IPR2017-02012
`Request for Oral Hearing
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`This Request is timely, being filed on October 10, 2018.
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`October 10, 2018
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`Respectfully submitted,
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`/Harper Batts/
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`Harper Batts, Reg. No. 56,160
`Sheppard, Mullin, Richter & Hampton LLP
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`IPR2017-02012
`Request for Oral Hearing
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on October 10, 2018, a complete copy of the
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`foregoing was served via electronic mail to the following parties at the addressed
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`indicated:
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`FOR PATENT OWNER:
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`Walter D. Davis, Jr. (Reg. No. 45,137)
`wdavis@dbjg.com
`Wayne M. Helge (Reg. No. 56,905)
`whelge@dbjg.com
`Aldo Noto (Reg. No. 35,628)
`anoto@dbjg.com
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`FOR JOINED PETITIONER
`WAHOO FITNESS, LLC:
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`Matthew L. Cutler (Reg. No. 43,574)
`mcutler@hdp.com
`Douglas A. Robinson (Reg No. 59,703)
`drobinson@hdp.com
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`Date: October 10, 2018
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`/Kristina Grauer/
`Kristina Grauer
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