Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Paper 28
`Date: October 3, 2019
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`v.
`QUALCOMM INCORPORATED,
`Patent Owner.
`
`
`
`IPR2018-01281
`IPR2018-012821
`Patent 8,768,865 B2
`
`
`
`Before DANIEL N. FISHMAN, MICHELLE N. WORMMEESTER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`Both parties have requested oral argument in these matter pursuant to 37
`C.F.R. § 42.70. IPR2018-01281, Papers 26, 27; IPR2018-01282, Papers 26, 27.
`
`
`1 This Order applies to each referenced case. The parties may not use this heading
`style unless authorized.
`
`
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Paper 28
`Date: October 3, 2019
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`v.
`QUALCOMM INCORPORATED,
`Patent Owner.
`
`
`
`IPR2018-01281
`IPR2018-012821
`Patent 8,768,865 B2
`
`
`
`Before DANIEL N. FISHMAN, MICHELLE N. WORMMEESTER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`FISHMAN, Administrative Patent Judge
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`Both parties have requested oral argument in these matter pursuant to 37
`C.F.R. § 42.70. IPR2018-01281, Papers 26, 27; IPR2018-01282, Papers 26, 27.
`
`
`1 This Order applies to each referenced case. The parties may not use this heading
`style unless authorized.
`
`
`
`
`
`IPR2018-01281
`IPR2018-01282
`Patent 8,768,865 B2
`
`
`Both parties request one hour (60 minutes) per party per case. We grant the
`parties’ requests to the extent that each party will be allocated ninety (90) minutes
`per side total for argument for both above-identified cases.
`The hearing for this proceeding will commence at 1 PM Eastern Time on
`October 30, 2019. The hearing will be conducted on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia. The hearing will be
`open to the public for in-person attendance, which will be accommodated on a
`first-come, first-served basis. If the parties have concerns about disclosing
`confidential information, they are requested to contact the Board at least ten (10)
`business days in advance of the hearing to discuss the matter.
`Petitioner will proceed first to present its argument with regard to the
`challenged claims in both above-identified cases. Petitioner may reserve some, but
`not more than one half, of its argument time for rebuttal. Thereafter, Patent Owner
`will respond to Petitioner’s argument and may reserve some of its argument time,
`for sur-rebuttal. Next, Petitioner may use any time it has reserved for rebuttal to
`respond to Patent Owner’s specific arguments presented at the hearing. Then,
`Patent Owner may present a brief sur-rebuttal if it has reserved time. No live
`testimony from any witness will be taken at the oral argument.
`Any demonstrative exhibits shall be served at least five (5) business days
`before the hearing. The parties shall confer regarding any objections to
`demonstrative exhibits, and file demonstrative exhibits with the Board, as a
`separate exhibit, at least three (3) business days prior to the hearing. The parties
`are reminded that the demonstrative exhibits presented in this case are not evidence
`and are intended only to assist the parties in presenting their oral argument to the
`panel. The parties are directed to St. Jude Medical, Cardiology Division, Inc. v.
`
`2
`
`
`
`
`IPR2018-01281
`IPR2018-01282
`Patent 8,768,865 B2
`
`
`
`Board of Regents of the University of Michigan, Case IPR2013-00041, slip op. 2–5
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits. For any issue regarding the proposed demonstrative
`exhibits that cannot be resolved after conferring with the opposing party, the
`parties may file jointly a one-page list of objections at least two (2) 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 concise sentence) of the reason for each objection. No argument or
`further explanation is permitted. We will consider the objections and may
`schedule a conference call, if necessary, to discuss them. Typically, however, we
`reserve ruling on the objections until the hearing or until a ruling is necessary to
`resolve the dispute. 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 are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number and by
`content) referenced during the consolidated hearing to ensure the clarity and
`accuracy of the reporter’s transcript. The parties also should note that one or more
`judges on the panel will be attending electronically and will only have access to the
`filed 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 the hearing
`and may not be considered. Further, images projected using audio-visual
`equipment in the hearing room will not be visible to judges participating remotely.
`Because of limitations on the audio transmission systems in our hearing rooms, the
`
`3
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`
`
`
`IPR2018-01281
`IPR2018-01282
`Patent 8,768,865 B2
`
`
`
`presenter may 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 will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing. The reporter’s transcript
`will be entered in the record of the proceeding.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, any counsel of record may present the party’s argument as
`long as that counsel is present in person. If either party expects that its lead
`counsel will not be attending the oral argument, the parties should initiate a joint
`telephone conference with the Board no later than two (2) business days prior to
`the oral hearing to discuss the matter.
`A party may request remote video attendance for one or more of its other
`attendees to view the hearing from any USPTO location. The available locations
`include the Rocky Mountain Regional Office in Denver, Colorado; the Texas
`Regional Office in Dallas, Texas; the Elijah J. McCoy Midwest Regional Office in
`Detroit, Michigan; and the Silicon Valley Office in San Jose, California. To
`request remote video viewing, a party must send an email message to
`Trials@uspto.gov ten (10) business days prior to the hearing, indicating the
`requested location and the number planning to view the hearing from the remote
`location. The Board will notify the parties if the request for video viewing is
`granted. Note that it may not be possible to grant the request due to the availability
`of resources.
`
`4
`
`
`
`
`
`
`IPR2018-01281
`IPR2018-01282
`Patent 8,768,865 B2
`
`
`
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. A party may also indicate any special requests related to
`appearing at an in-person oral hearing, such as a request to accommodate physical
`needs that limit mobility or visual or hearing impairments, and indicate how the
`PTAB may accommodate the special request. Any special requests must be
`presented in a separate communication not less than five (5) days before the
`hearing.
`
`PETITIONER:
`
`Walter Renner
`Timothy Riffe
`Thomas Rozylowicz
`Noah C. Graubart
`Fish & Richardson P.C.
`PTABInbound@fr.com
`Axf-ptab@fr.com
`riffe@fr.com
`tar@fr.com
`graubert@fr.com
`
`
`PATENT OWNER:
`
`Eagle Robinson
`R. Ross Viguet
`Daniel Leventhal
`Norton Rose Fulbright US LLP Eagle
`robinson@nortonrosefulbright.com
`Ross.viguet@nortonrosefulbright.com
`daniel.leventhal@nortonrosefulbright.com
`
`
`5
`
`
`
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