`Entered: February 6, 2019
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, INC.,
`Petitioner,
`v.
`UNILOC LUXEMBOURG S.A. & UNILOC USA,
`Patent Owner.
`____________
`
`Case IPR2018-00199
`Patent 7,092,671 B2
`____________
`
`Before MIRIAM L. QUINN and GARTH D. BAER Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
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`IPR2018-00199
`Patent 7,092,671 B2
`The Scheduling Order for this proceeding provided that an oral hearing
`would be conducted on February 28, 2019, if requested by either party and granted
`by the Board. Paper 8, 7. Petitioner Unified Patents, Inc. requested oral hearing
`pursuant to 37 C.F.R. § 42.70. Paper 23. In addition to its general request for a
`hearing, Petitioner requested that the oral hearing be held at the Alexandria, VA
`headquarters of the U.S. Patent and Trademark Office. Id.
`Petitioner’s request for oral hearing is granted. The hearing will commence
`at 3:00 PM on February 28, 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.
`Each party will have thirty (30) minutes of total oral argument time.
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue in
`these proceedings are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which the Board instituted
`trial. After Petitioner’s presentation, Patent Owner will respond to Petitioner’s
`argument. Petitioner may reserve rebuttal time to respond to arguments presented
`by Patent Owner. The parties may also address any pending motions during their
`respective presentations.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least
`seven business days prior to the hearing. The parties shall confer with each other
`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 a visual aid at the oral hearing. The Board expects the parties will meet
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`IPR2018-00199
`Patent 7,092,671 B2
`and confer in good faith to resolve any objections to demonstrative exhibits. For
`any issue that cannot be resolved after conferring with the opposing party, the
`parties may email jointly to Trials@uspto.gov 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 short 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. Otherwise, we will reserve ruling on the objections
`until the hearing or after the hearing. 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 should note that at least 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.
`Any counsel of record may present a party’s argument. If either party
`expects that its lead counsel will not be attending the oral argument, it should
`notify the Board no later than two business days prior to the oral hearing.
`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.
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`IPR2018-00199
`Patent 7,092,671 B2
`PETITIONER:
`David L. Cavanaugh
`Daniel V. Williams
`Ellyar Y. Barazesh
`Michael Van Handel
`WILMER, CUTLER, PICKERING,
`HALE AND DORR, LLP
`david.cavanaugh@wilmerhale.com
`daniel.williams@wilmerhale.com
`ellyar.barazesh@wilmerhale.com
`michael.vanhandel@wilmerhale.com
`
`Roshan Mansinghani
`Jonathan Stroud
`Jonathan Bowser
`UNIFIED PATENTS INC.
`roshan@unifiedpatents.com
`jonathan@unifiedpatents.com
`jbowser@unifiedpatents.com
`
`PATENT OWNER:
`Ryan Loveless
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`ETHERIDGE LAW GROUP
`ryan@etheridgelaw.com
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
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