Paper 23
`Entered: February 6, 2019
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`Petitioner,
`v.
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00282
`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
`
`
`
`

`

`
`
`IPR2018-00282
`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. The parties requested oral hearing pursuant to 37 C.F.R.
`§ 42.70. Papers 21, 22. In addition to its general request for a hearing, Petitioner
`Apple, Inc. requested that the oral hearing be held at the Silicon Valley USPTO in
`San Jose, CA. Paper 22, 2. Patent Owner Uniloc 2017 LLC requested that hearing
`be held at the Texas Regional Office in Dallas, TX, and requested that the parties
`be given twenty (20) minutes per side. Paper 21, 1.
`The Parties’ request for oral hearing is granted. The Board apologizes for
`the inconvenience to the parties, if any, but at this time, it is unable to
`accommodate the parties’ conflicting requests to conduct the hearing at one of our
`regional offices. The hearing will commence at 1:00 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. 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 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
`
`2
`
`
`

`

`
`
`IPR2018-00282
`Patent 7,092,671 B2
`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
`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.
`
`3
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`
`

`

`
`
`IPR2018-00282
`Patent 7,092,671 B2
`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.
`
`
`PETITIONER:
`Andrew S. Ehmke
`Philip W. Woo
`HAYNES AND BOONE, LLP
`andy.ehmke.ipr@haynesboone.com
`philip.woo.ipr@haynesboone.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
`
`
`4
`
`
`