`Tel: 571.272.7822
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`Paper 19
`Entered: March 28, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`APPLE INC. and LG ELECTRONICS, INC.,
`Petitioner,
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`v.
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`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2018-00361
`Patent 6,216,158 B1
`____________
`
`
`Before JENNIFER S. BISK, MIRIAM L. QUINN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
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`QUINN, Administrative Patent Judge.
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`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70(a)
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`
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`IPR2018-00361
`Patent 6,216,158 B1
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`In the above-identified proceeding, we instituted inter partes review
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`(Paper 8) and issued a Scheduling Order (Paper 9), which sets an oral
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`hearing date of April 11, 2019, if oral hearing is requested by either party
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`pursuant to 37 C.F.R. § 42.70 and granted by the Board. Our Scheduling
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`Order further identified the Texas Regional Office as one of the possible
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`locations for the hearing. Paper 9, 4. Both parties requested an oral hearing
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`in this case. Papers 17, 18. The request for oral argument is granted.
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`The hearing for this case will commence at 10:30 AM Central Time,
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`on April 11, 2019, and will be conducted at the Texas Regional Office of
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`the United States Patent and Trademark Office, 207 South Houston St.,
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`Suite 159, Dallas, Texas 75202. The parties are advised that the hearing
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`room has limited seating. The hearing will be open to the public for in-
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`person attendance that will be accommodated on a first-come first-served
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`basis.
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`Each party will have forty five (45) minutes of total time to present
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`arguments for this proceeding. Because Petitioner bears the ultimate burden
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`of proof that the challenged claims are unpatentable, Petitioner will proceed
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`first to present its case as to the challenged claims and instituted grounds of
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`unpatentability in this proceeding, and may reserve a small portion of its
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`time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s case.
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`After that, Petitioner may use the rest of its time for its rebuttal, responding
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`to Patent Owner’s specific arguments presented at the oral hearing. If Patent
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`Owner has reserved time for rebuttal and up to the time remaining, Patent
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`Owner may present sur-rebuttal argument. No live testimony from any
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`witness will be taken at the oral hearing.
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`IPR2018-00361
`Patent 6,216,158 B1
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
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`least five business days prior to the hearing. The parties shall confer with
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`each other regarding any objections to demonstrative exhibits, and file
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`demonstrative exhibits with the Board, as a separate exhibit in accordance
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`with 37 C.F.R. § 42.63, at least three business days prior to the hearing.
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`Demonstrative exhibits are not evidence, but merely a visual aid at the
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`oral hearing. The Board expects the parties will meet and confer in good
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`faith to resolve any objections to demonstrative exhibits. For any issue that
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`cannot be resolved after conferring with the opposing party, the parties may
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`file jointly a one-page list of objections at least three business days prior to
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`the hearing. The list should identify with particularity which demonstrative
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`exhibits are subject to objection and include a short statement (no more than
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`one short sentence) of the reason for each objection. No argument or further
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`explanation is permitted.
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`We will consider the objections and schedule a conference call, if
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`necessary. Otherwise, we will reserve ruling on the objections until the
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`hearing or after the hearing. Any objection to demonstrative exhibits that is
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`not presented timely will be considered waived. Each party also shall
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`provide a hard copy of its demonstrative exhibits to the court reporter at the
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`hearing.
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`The parties are reminded that the presenter must identify clearly and
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`specifically each demonstrative exhibit (e.g., by slide or screen number)
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`referenced during each hearing to ensure the clarity and accuracy of the
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`reporter’s transcript. The parties also should note that several judges will be
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`attending electronically and will only have access to the courtesy copy of the
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`demonstratives provided in advance, as referenced above. If a
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`IPR2018-00361
`Patent 6,216,158 B1
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`demonstrative is not made available to the Board in the manner indicated
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`above, that demonstrative may not be available to each of the judges during
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`the hearing and may not be considered. Further, images projected, using
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`audio visual equipment in Dallas, may not be visible to the remote judges.
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`Because of limitations on the audio transmission systems in our hearing
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`rooms, the presenter may speak only when standing at the hearing room
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`podium. If the parties have questions as to whether demonstrative exhibits
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`would be sufficiently visible and available to all of the judges, the parties are
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`invited to contact the Board at (571) 272-9797.
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`The Board expects lead counsel for each party to be present at the oral
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`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If lead counsel for either party is unable to attend the oral
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`hearing, the Board should be notified via a joint telephone conference call no
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`later than five business days prior to the oral hearing to discuss the matter.
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`The Board will provide a court reporter, and the reporter’s transcript
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`will constitute the official record of the hearing. The oral hearing transcript
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`will be entered in the record of the proceeding.
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`Requests for audio-visual equipment at the hearing are to be made
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`five days in advance of the hearing date. The requests must be sent to
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`Trials@uspto.gov. If the requests are not received timely, equipment may
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`not be available on the day of the hearing.
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`4
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`IPR2018-00361
`Patent 6,216,158 B1
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`PETITIONER:
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`Andrew S. Ehmke
`Scott J. Jarratt
`Jamie McDole
`Andy.ehmke.ipr@haynesboone.com
`Scott.jarratt.ipr@haynesboone.com
`Jamie.mcdole@haynesboone.com
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`For PATENT OWNER:
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`Ryan Loveless
`Sean D. Burdick
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`brett@etheridgelaw.com
`sean.burdick@unilocusa.com
`ryan@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@eheridgelaw.com
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`5
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