Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`Paper: 47
`Entered: January 10, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00067
`Patent 8,577,813 B2
`____________
`
`Before BART A. GERSTENBLITH, SCOTT C. MOORE, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`MELVIN, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`571-272-7822
`
`
`
`
`
`
`Paper: 47
`Entered: January 10, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.,
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00067
`Patent 8,577,813 B2
`____________
`
`Before BART A. GERSTENBLITH, SCOTT C. MOORE, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`MELVIN, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`IPR2018-00067
`Patent 8,577,813 B2
`
`
`
`The Scheduling Order for this proceeding provided that an oral
`argument would be conducted on January 30, 2019, if requested by either
`party and granted by the Board. Paper 16, 8–9. The parties requested oral
`argument pursuant to 37 C.F.R. § 42.70. Paper 45; Paper 46. The requests
`for oral argument are granted.
`Please note the time and location of the hearing. The hearing will
`commence at 1:00 PM EST on January 30, 2019, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. The Board
`will provide a court reporter for the hearing and the reporter’s transcript will
`constitute the official record of the hearing. The hearing will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis. If the parties have any concern about disclosing
`confidential information, they are to contact the Board at least 10 days in
`advance of the hearing to discuss the matter.
`Each party will have 45 minutes of total oral argument time to address
`arguments. Petitioner bears the burden of persuasion on unpatentability and
`will therefore open the hearing by presenting its case regarding the
`challenged claims. After Petitioner’s presentation, Patent Owner will
`respond to Petitioner’s argument. If Petitioner or Patent Owner reserves
`time for rebuttal or sur-rebuttal, respectively, that time may be used to
`respond to arguments presented by the other party in its immediately
`preceding presentation. The parties may also address any pending motions
`during their respective presentations.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`
`2
`
`
`
`IPR2018-00067
`Patent 8,577,813 B2
`
`
`The Board will not consider any deposition testimony that has not been filed.
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must be
`served at least seven business days before the hearing date. Notwithstanding
`37 C.F.R. § 42.70(b), demonstratives should be filed at the Board no later
`than two business days before the hearing. The parties should consider the
`information regarding demonstrative materials discussed in the August 2018
`Trial Practice Guide Update, available at https://go.usa.gov/xU7GP. The
`parties should note that one member of the panel will be attending the
`hearing electronically from a remote location, and that if a demonstrative is
`not filed or otherwise made fully available or visible to the judge presiding
`over the hearing remotely, that demonstrative will not be considered. Note
`that demonstratives projected in the hearing room are generally not visible to
`remote judges. 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
`ability of the judge participating in the hearing remotely to closely follow
`the presenter’s arguments.
`The parties must file any objections to the demonstratives with the
`Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not presented timely 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
`
`3
`
`
`
`IPR2018-00067
`Patent 8,577,813 B2
`
`
`reserve ruling on the objections until after the oral argument.
`Demonstratives should not attempt to add new arguments or evidence. See
`Dell Inc. v. Acceleron, LLC, 884 F.3d 1364, 1369 (Fed. Cir. 2018). No live
`testimony from any witness will be taken at the oral argument.
`The Board expects lead counsel for both parties to be present in
`person at the oral hearing. Any counsel of record, however, may present a
`party’s argument. If either party expects that its lead counsel will not be
`attending the oral argument, it should initiate a joint telephone conference
`with the Board no later than two business days prior to the oral hearing to
`discuss the matter.
`Any special requests for audiovisual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than seven business
`days before the hearing, directed to the above email address.
`The parties should further consider whether they desire a prehearing
`conference as outlined in the August 2018 Trial Practice Guide Update,
`available at https://go.usa.gov/xU7GP. Any such request must be made by
`January 21, 2019.
`
`
`4
`
`
`
`IPR2018-00067
`Patent 8,577,813 B2
`
`
`For PETITIONER:
`Jason R. Mudd
`Eric A. Buresh
`ERISE IP, P.A.
`Jason.mudd@eriseip.com
`Eric.buresh@eriseip.com
`
`Roshan Mansinghani
`Jonathan Stroud
`UNIFIED PATENTS INC.
`roshan@unifiedpatents.com
`jonathan@unifiedpatents.com
`
`For PATENT OWNER:
`
`James M. Glass
`Tigran Guledjian
`Chirstopher A. Mathews
`Nima Hefazi
`QUINN EMANUEL URUHART & SULLIVAN LLP
`jimglass@quinnemanuel.com
`tigranguledjian@quinnemanuel.com
`chirsmathews@quinnemanuel.com
`nimahefazi@quinnemanuel.com
`
`
`
`
`5
`
`
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