Trials@uspto.gov
`571.272.7822
`
`
`
` Paper No. 27
`
` Entered: October 24, 2019
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VISA INC., and VISA U.S.A. INC., and
`APPLE INC.
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-013501
`Patent 8,856,539 B2
`____________
`
`
`
`Before PATRICK R. SCANLON, GEORGIANNA W. BRADEN, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`MELVIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 Apple Inc., which filed a petition in IPR2019-00727, has been joined as a
`party to this proceeding.
`
`
`
`
`571.272.7822
`
`
`
` Paper No. 27
`
` Entered: October 24, 2019
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VISA INC., and VISA U.S.A. INC., and
`APPLE INC.
`Petitioner,
`
`v.
`
`UNIVERSAL SECURE REGISTRY, LLC,
`Patent Owner.
`____________
`
`Case IPR2018-013501
`Patent 8,856,539 B2
`____________
`
`
`
`Before PATRICK R. SCANLON, GEORGIANNA W. BRADEN, and
`JASON W. MELVIN, Administrative Patent Judges.
`
`MELVIN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 Apple Inc., which filed a petition in IPR2019-00727, has been joined as a
`party to this proceeding.
`
`
`
`
`
`Case IPR2018-01350
`Patent 8,856,539 B2
`Patent Owner, Universal Secure Registry, LLC, and Petitioner, Visa
`Inc. and Visa U.S.A. Inc., requested oral argument. Papers 25, 26.
`Additionally, each party requests 45 minutes per side. Id. We grant the
`requests.
`Oral argument will commence at 1:00 PM ET on Thursday,
`November 21, 2019. The hearing will be conducted on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. Each
`side will receive 45 minutes of presentation time (including any
`rebuttal).
`The hearing will be open to the public for in-person attendance, which
`will be accommodated on a first-come, first-served basis. The Board will
`provide a court reporter for the hearing, and the reporter’s transcript will
`constitute the official record of the hearing. For planning purposes, it is not
`required, but it would be greatly appreciated, if the parties could indicate to
`the Board by email to Trials@uspto.gov, at least two (2) business days prior
`to the hearing, approximately how many people they expect to be present at
`the hearing for each side.
`The hearing will proceed as follows. Petitioner will open the hearing
`by presenting its case. Patent Owner then will respond to Petitioner’s
`presentation. Petitioner may reserve rebuttal time (of no more than half its
`total argument time) to reply to Patent Owner’s arguments. Patent Owner
`may reserve sur-rebuttal time (of no more than half its total argument time)
`to respond to Petitioner’s rebuttal. See Trial Practice Guide Update 20
`(August 2018), https://go.usa.gov/xU7GP. No live testimony from any
`witness will be taken at the oral argument.
`A pre-hearing conference call will be held at either party’s request.
`The request must be made no later than November 7, 2019. Prior to making
`2
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`Case IPR2018-01350
`Patent 8,856,539 B2
`such a request, the parties shall meet and confer and, when possible, send a
`joint request to the Board with an agreed upon set of limited issues for
`discussion. A request for a pre-hearing conference may be made by email to
`Trials@uspto.gov, and shall include a list of issues to be discussed during
`the call and proposed times for the call, which should be no later than three
`business days prior to the oral hearing.
`At least one member of the panel will be attending the hearing
`electronically from a remote location and will not be able to view the
`projection screen in the hearing room. Thus, if a demonstrative exhibit is not
`made available in advance or visible to the judge(s) presiding over the
`hearing remotely, that demonstrative exhibit will not be allowed. Each
`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 and for the benefit of the
`judge(s) presiding over the hearing remotely. A hard copy of the
`demonstratives, if filed, should be provided to the court reporter at the
`hearing. Also, the parties are reminded that, at the oral argument, they “may
`rely upon evidence that has been previously submitted in the proceeding and
`may only present arguments relied upon in the papers previously submitted.”
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14,
`2012). “No new evidence or arguments may be presented at the oral
`argument.” Id.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served on
`the opposing party seven (7) business days prior to the hearing.
`Demonstrative exhibits used at the final hearing are aids to oral argument
`and not evidence, and should be clearly marked as such. For example, each
`slide of a demonstrative exhibit may be marked with the words
`3
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`
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`Case IPR2018-01350
`Patent 8,856,539 B2
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer. Trial
`Practice Guide Update, 21.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved, the parties may raise any dispute over the propriety of
`each party’s demonstrative exhibits during the pre-hearing conference call, if
`requested as set forth above. Any objection to demonstrative exhibits that is
`not presented timely will be considered waived. The Board asks the parties
`to confine demonstrative exhibit objections to those identifying egregious
`violations that are prejudicial to the administration of justice. The parties
`may refer to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`IPR2013-00033, Paper 118 (PTAB October 23, 2013), and St. Jude Medical,
`Cardiology Div., Inc. v. The Board of Regents of the University of Michigan,
`IPR2013-00041, Paper 65 (PTAB Jan. 27, 2014), regarding the appropriate
`content of demonstrative exhibits. The parties are directed to file their
`demonstrative exhibits, marked as noted above, in the record at least three
`(3) business days prior to the hearing.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Any counsel of record, however, may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should request 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 Midwest Regional Office in Detroit, Michigan; the
`Texas Regional Office in Dallas, Texas; the Rocky Mountain Regional
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`Case IPR2018-01350
`Patent 8,856,539 B2
`Office in Denver, Colorado; and the Silicon Valley Office in San Jose, CA.
`To request remote video viewing, a party must send an email message to
`Trials@uspto.gov ten 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.
`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.
`In consideration of the foregoing, it is:
`ORDERED that oral argument will commence at 1:00 PM ET on
`November 21, 2019.
`
`
`
`
`
`
`5
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`
`
`Case IPR2018-01350
`Patent 8,856,539 B2
`PETITIONER:
`
`Matthew A. Argenti
`Michael T. Rosato
`WILSON SONSINI GOODRICH & ROSATI
`margenti@wsgr.com
`mrosato@wsgr.com
`
`Monica Grewal
`Ben Fernandez
`Kelvin Chan
`WILMER CUTLER PICKERING
` HALE AND DORR LLP
`monica.grewal@wilmerhale.com
`ben.fernandez@wilmerhale.com
`kelvin.chan@wilmerhale.com
`
`PATENT OWNER:
`
`James M. Glass
`Tigran Guledjian
`Christopher A. Mathews
`Nima Hefazi
`Richard Lowry
`Razmig Messerian
`QUINN EMANUEL URQUHART
` & SULLIVAN LLP
`jimglass@quinnemanuel.com
`tigranguledjian@quinnemanuel.com
`chrismathews@quinnemanuel.com
`nimahefazi@quinnemanuel.com
`richardlowry@quinnemanuel.com
`razmesserian@quinnemanuel.com
`
`
`
`6
`
`
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