Trials@uspto.gov
`571-272-7822
`
`
`
` Paper No. 27
`
` Entered: November 8, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS LTD.,
`Patent Owner.
`____________
`
`Case IPR2019-00030, Patent 9,857,568 B2
`____________
`
`
`Before MARC S. HOFF and BRYAN MOORE, Administrative Patent
`Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`571-272-7822
`
`
`
` Paper No. 27
`
` Entered: November 8, 2019
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS LTD.,
`Patent Owner.
`____________
`
`Case IPR2019-00030, Patent 9,857,568 B2
`____________
`
`
`Before MARC S. HOFF and BRYAN MOORE, Administrative Patent
`Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`SCHEDULING ORDER
`
`
`
`
`Case IPR2019-00030, Patent 9,857,568 B2
`
`On April 16, 2019, we instituted inter partes review in this case and
`contemporaneously issued a Scheduling Order setting the date for oral
`arguments in these proceedings to November 12, 2019. Papers 9, 10. Patent
`Owner and Petitioner filed requests for oral argument pursuant to 37 C.F.R.
`§ 42.70(a). Papers 25, 26.
`Petitioner requests 45 minutes per side to present arguments. Paper
`25. Patent Owner requests 60 minutes per side. Paper 26.
`Petitioner’s and Patent Owner’s requests for oral hearing are granted.
`Oral argument will commence at 10:00 AM Eastern Time, on November
`12, 2019, and will be conducted at the USPTO Headquarters, Ninth
`Floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia, 22314. Each side will receive 60 minutes of presentation time,
`including any rebuttal time.
`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.
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims. Patent Owner then will respond to Petitioner’s
`presentation. Petitioner may reserve rebuttal time (of no more than half their
`total presentation time) to reply to Patent Owner’s arguments. Patent Owner
`may reserve sur-rebuttal time (of no more than half its total presentation
`time) to respond to Petitioner’s rebuttal. See Trial Practice Guide Update,
`20 (Aug. 2018), available at https://go.usa.gov/xU7GP.
`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
`
`2
`
`
`
`Case IPR2019-00030, Patent 9,857,568 B2
`
`the benefit of the judge(s) presiding over the hearing remotely. A hard copy
`of the demonstratives, if used, should be provided to the court reporter at the
`hearing. Also, Petitioner and Patent Owner are reminded that, at the oral
`argument, they “may rely upon evidence that has been previously submitted
`in the proceeding and may only present argument 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. Petitioner and Patent Owner are
`directed to refrain from disclosing any confidential information during the
`hearing or including any confidential information in a demonstrative exhibit.
`No pre-hearing conference call was requested.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits should have been
`served on the opposing party or parties if they have not they should be
`served upon receiving this order. Demonstrative exhibits used at the 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 “DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the
`footer. Trial Practice Guide Update, 21.
`The Board expects that Petitioner and Patent Owner will meet and
`confer in good faith to resolve any objections to demonstrative exhibits, but
`if such objections cannot be resolved, Petitioner and Patent Owner are
`directed to request a conference call with the day prior to the hearing to
`resolve any dispute over the propriety of demonstrative exhibits. Petitioner
`and Patent Owner are responsible for requesting such a conference. Any
`objection to demonstrative exhibits that is not presented timely will be
`considered waived. The Board asks Petitioner and Patent Owner to confine
`demonstrative exhibit objections to those identifying egregious violations
`
`3
`
`
`
`Case IPR2019-00030, Patent 9,857,568 B2
`
`that are prejudicial to the administration of justice. Petitioner and Patent
`Owner may refer to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`IPR2013-00033 (PTAB October 23, 2013) (Paper 118), and St. Jude
`Medical, Cardiology Div., Inc. v. The Board of Regents of the University of
`Michigan, IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65) regarding the
`appropriate content of demonstrative exhibits. Petitioner and Patent Owner
`are directed to file their demonstrative exhibits, marked as noted above,
`before the hearing.
`The Board expects lead counsel for each side to be present in person
`at the oral hearing. Any counsel of record, however, may present argument
`as long as that counsel is present in person. If either side expects that its
`lead counsel will not be attending the oral argument, the parties should
`initiate a joint telephone conference with the Board the day prior to the oral
`hearing to discuss the matter.
`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 before the hearing.
`It is
`ORDERED that, subject to the procedures and requirements set forth
`above, the requests for oral argument are granted; and
`FURTHER ORDERED that oral argument, conducted in accordance
`with the procedures above, shall commence at 10:00 AM Eastern Time, on
`November 12, 2019.
`
`4
`
`
`
`Case IPR2019-00030, Patent 9,857,568 B2
`
`
`For PETITIONER:
`Michael S. Parsons
`Andrew S. Ehmke
`Jordan Maucotel
`HAYNES AND BOONE, LLP
`michael.parsons.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`jordan.maucotel@haynesboone.com
`
`For PATENT OWNER:
`Neil A. Rubin
`C. Jay Chung
`Reza Mirzaie
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`jchung@raklaw.com
`rmirzaie@raklaw.com
`
`5
`
`
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