Trials@uspto.gov
`571-272-7822
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`Paper No. 16
`Entered: December 21, 2018
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`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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`APPLE, INC.,
`Petitioner,
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`v.
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`UNILOC 2017 LLC,
`Patent Owner.
`_______________
`
`Cases IPR2018-00394, IPR2018-00395
`Patent 6,622,018 B1
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`_______________
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`
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`Before MIRIAM L. QUINN, CHARLES J. BOUDREAU, and
`GARTH D. BAER, Administrative Patent Judges.
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`BAER, Administrative Patent Judge.
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`
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`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
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`

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`Cases IPR2018-00394 and IPR2018-00395
`Patent 6,622,018 B1
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`The Scheduling Orders (IPR2018-00394, Paper 8; IPR2018-00395, Paper 8)
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`for these proceedings provided that an oral hearing would be conducted on
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`March 21, 2019, if a hearing is requested by the parties and granted by the Board.
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`The parties requested oral hearing pursuant to 37 C.F.R. § 42.70. IPR2018-00394,
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`Papers 14, 15; IPR2018-00395, Papers 14, 15. In addition to its general request for
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`a hearing, Patent Owner requested that, because counsel for both parties are in the
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`Dallas area, the oral hearing occur at the Texas Regional Office of the United
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`States Patent and Trademark Office, and requested that the parties be given twenty
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`minutes per side. IPR2018-00394, Paper 14, 1; IPR2018-00395, Paper 14, 1.
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`The Parties’ request for oral hearing is granted. The hearing will commence
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`at 1:00 PM Central Time (2 PM Eastern Time) on March 21, 2019, at the
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`USPTO Texas Regional Office, 207 South Houston St., Suite 159, Dallas,
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`Texas 75202.1
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`The Board will provide a court reporter for the hearing and the reporter’s
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`transcript will constitute the official record of the hearing. The parties are
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`advised that the hearing room has limited seating. The hearing will be open to
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`the public for in-person attendance that will be accommodated on a first-come,
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`first-served basis. If the parties have any concern about disclosing confidential
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`information, they are to contact the Board at least 10 days in advance of the
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`hearing to discuss the matter.
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`Each party will have forty (40) minutes of total oral argument time.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue in
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`these proceedings are unpatentable. Therefore, Petitioner will open the hearing by
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`presenting its case regarding the challenged claims for which the Board instituted
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`1 See https://www.uspto.gov/about-us/uspto-locations/dallas-tx/dallas-texas for
`additional information.
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`2
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`

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`Cases IPR2018-00394 and IPR2018-00395
`Patent 6,622,018 B1
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`trial. After Petitioner’s presentation, Patent Owner will respond to Petitioner’s
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`argument. Petitioner may reserve rebuttal time to respond to arguments presented
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`by Patent Owner. The parties may also address any pending motions during their
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`respective presentations.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least
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`seven business days prior to the hearing. The parties shall confer with each other
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`regarding any objections to demonstrative exhibits, and file demonstrative exhibits
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`with the Board, as a separate exhibit in accordance with 37 C.F.R. § 42.63, at least
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`five business days prior to the hearing. Demonstrative exhibits are not evidence,
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`but merely a visual aid at the oral hearing. The Board expects the parties will meet
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`and confer in good faith to resolve any objections to demonstrative exhibits. For
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`any issue that cannot be resolved after conferring with the opposing party, the
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`parties may email jointly to Trials@uspto.gov a one-page list of objections at least
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`five business days prior to the hearing. The list should identify with particularity
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`which demonstrative exhibits are subject to objection and include a short statement
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`(no more than one short sentence) of the reason for each objection. No argument
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`or further explanation is permitted. We will consider the objections and schedule a
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`conference call, if necessary. Otherwise, we will reserve ruling on the objections
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`until the hearing or after the hearing. Any objection to demonstrative exhibits that
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`is not presented timely will be considered waived. Each party also shall provide a
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`hard copy of its demonstrative exhibits to the court reporter at the hearing.
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`The parties should note that two members of the panel will be attending the
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`hearing electronically from a remote location, and that if a demonstrative is not
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`filed or otherwise made fully available or visible to the judges presiding over the
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`hearing remotely, that demonstrative will not be considered. Further, images
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`projected, using audio visual equipment in Dallas, may not be visible to judges
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`3
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`

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`Cases IPR2018-00394 and IPR2018-00395
`Patent 6,622,018 B1
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`appearing remotely. Because of limitations on the audio transmission systems in
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`our hearing rooms, the presenter may speak only when standing at the hearing
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`room 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 both parties to be present in person at the
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`oral hearing. Any counsel of record, however, may present a party’s argument. If
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`either party expects that its lead counsel will not be attending the oral argument, it
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`should initiate a joint telephone conference with the Board no later than two
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`business days prior to the oral hearing to discuss the matter.
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`Any special requests for audiovisual equipment should be directed to
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`Trials@uspto.gov. Requests for special equipment will not be honored unless
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`presented in a separate communication not less than seven business days before the
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`hearing, directed to the above email address.
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`4
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`
`
`Cases IPR2018-00394 and IPR2018-00395
`Patent 6,622,018 B1
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`PETITIONER:
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`Andrew S. Ehmke
`andy.ehmke.ipr@haynesboone.com
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`Scott T. Jarratt
`scott.jarratt.ipr@haynesboone.com
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`PATENT OWNER:
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`Ryan Loveless
`ryan@etheridgelaw.com
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`Sean Burdick
`sean.burdick@unilocusa.com
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`Brett Mangrum
`brett@etheridgelaw.com
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`James Etheridge
`jim@etheridgelaw.com
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`Jeffrey Huang
`jeff@etheridgelaw.com
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`5
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