`Trials@uspto.gov Paper 30
`Tel: 571-272-7822 Entered: August 21, 2019
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`Patent Owner.
`____________
`
`Case IPR2018–01079
`Patent 8,213,970 B2
`____________
`
`
`Before TREVOR M. JEFFERSON, CHRISTA P. ZADO, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`ZADO, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2018–01079
`Patent 8,213,970 B2
`
`We instituted inter partes review (Paper 9) and set an oral hearing
`
`date of September 5, 2019, if oral hearing was requested by either party and
`
`granted by the Board (Paper 10). Pursuant to 37 C.F.R. § 42.70, the parties
`
`have requested an oral hearing. Papers 24, 25. Patent Owner requests thirty
`
`(30) minutes to present its arguments. Paper 25. Petitioner does not specify
`
`an amount of time to present its arguments. Paper 24. The requests are
`
`hereby granted.
`
`The hearing will commence at 10:00 AM Pacific Time, on Thursday,
`
`September 5, 2019, at the USPTO Silicon Valley Office, 26 South 4th
`
`Street, Third Floor, San Jose, California. The hearing will be open to the
`
`public for in-person attendance that will be accommodated on a first-come
`
`first-served basis.
`
`Because Patent Owner requested thirty (30) minutes to present its
`
`arguments and Petitioner did not specify a particular amount of time, each
`
`party will have thirty (30) minutes of total time to present its arguments.
`
`Petitioner will proceed first to present its case as to the challenged claims
`
`and instituted grounds of unpatentability, and may reserve a portion of its
`
`time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s case.
`
`After that, Petitioner may use the rest of its time for its rebuttal, responding
`
`to Patent Owner’s specific arguments presented at the oral hearing. No live
`
`testimony from any witness will be taken at the oral hearing.
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits shall 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
`
`2
`
`
`
`IPR2018–01079
`Patent 8,213,970 B2
`
`accordance with 37 C.F.R. § 42.63, at least five business days prior to the
`
`hearing.
`
`The parties are reminded that 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 shall also
`
`provide a hard copy of its demonstrative exhibits to the court reporter at the
`
`hearing.
`
`The parties are reminded that 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. The parties should note that one or more judges may
`
`be attending electronically and will have access to only the courtesy copy of
`
`the demonstratives provided in advance, as referenced above. If a
`
`demonstrative is not made available to the Board in the manner indicated
`
`above, that demonstrative may not be available to each of the judges during
`
`3
`
`
`
`IPR2018–01079
`Patent 8,213,970 B2
`
`the hearing and may not be considered. Further, images projected, using
`
`audio visual equipment in San Jose, will not be visible to judges attending
`
`electronically. Because of limitations on the audio transmission systems in
`
`our hearing rooms, the presenter should speak only when standing at the
`
`hearing room podium. If the parties have questions as to whether
`
`demonstrative exhibits would be sufficiently visible and available to all of
`
`the judges, the parties are invited to contact the Board at (571) 272-9797.
`
`The Board expects lead counsel for each party to be present at the oral
`
`hearing, although any backup counsel may make the actual presentation, in
`
`whole or in part. If lead counsel for either party is unable to attend the oral
`
`hearing, the Board should be notified via a joint telephone conference call no
`
`later than five business days prior to the oral hearing to discuss the matter.
`
`The Board will provide a court reporter, and the reporter’s transcript
`
`will constitute the official record of the hearing. The hearing transcript will
`
`be entered in the record of the proceedings.
`
`Requests for audio-visual equipment at the hearing are to be made
`
`five business days in advance of the hearing date. The requests must be sent
`
`to trials@uspto.gov. If the requests are not received timely, equipment may
`
`not be available on the day of the hearing.
`
`It is
`
`ORDERED that oral argument will commence at 10:00 AM PT on
`
`September 5, 2019.
`
`
`
`
`
`4
`
`
`
`IPR2018–01079
`Patent 8,213,970 B2
`
`
`PETITIONER:
`
`Jonathan Tuminaro
`jtuminar-ptab@sternekessler.com
`
`Robert Sokohl
`rsokohl-ptab@sternekessler.com
`
`Karen Wong-Chan
`kwchan-ptab@sternekessler.com
`
`
`
`PATENT OWNER:
`
`Vincent Rubino
`vrubino@brownrudnick.com
`
`Peter Lambrianakos
`plambrianakos@brownrudnick.com
`
`Enrique Iturralde
`eiturralde@brownrudnick.com
`
`
`
`
`
`5
`
`
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