Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`Paper: 24
`Entered: April 15, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`APPLE, INC.,
`Petitioner,
`v.
`UUSI, LLC d/b/a NARTRON,
`Patent Owner.
`____________
`Case IPR2019-00358 and Case IPR2019-003591
`Patent 5,796,183
`_____________
`
`
`Before BRYAN F. MOORE, MINN CHUNG, and
`NORMAN H. BEAMER, Administrative Patent Judges.
`
`BEAMER, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`571-272-7822
`
`
`
`
`
`
`Paper: 24
`Entered: April 15, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`APPLE, INC.,
`Petitioner,
`v.
`UUSI, LLC d/b/a NARTRON,
`Patent Owner.
`____________
`Case IPR2019-00358 and Case IPR2019-003591
`Patent 5,796,183
`_____________
`
`
`Before BRYAN F. MOORE, MINN CHUNG, and
`NORMAN H. BEAMER, Administrative Patent Judges.
`
`BEAMER, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order will be entered in each case. The parties are not authorized to
`use this caption style.
`
`
`
`
`
`IPR2019-00358, IPR2019-00359
`Patent 5,796,183
`
`
`On March 24, 2020, Petitioner and Patent Owner filed requests for
`oral argument in the above-captioned proceedings. Papers 21, 22. The
`parties each requested 60 minutes of argument time for each proceeding.
`The parties’ requests for oral argument are granted in part — each
`party shall have 60 minutes of total argument time. Oral arguments will
`commence at 9:00 AM Pacific Daylight Time (12:00 PM Eastern Daylight
`Time) on Thursday, May 7, 2020, by video. The parties are directed to
`contact the Board at least 10 days in advance of the hearing if there are any
`concerns about disclosing confidential information. The Board will provide
`a court reporter for the hearing, and the reporter’s transcript will constitute
`the official record of the hearing.
`If at any time during the proceeding, you encounter technical or other
`difficulties that fundamentally undermine your ability to adequately
`represent your client, please let the panel know immediately, and
`adjustments will be made.2
`To facilitate planning, each party must contact PTAB Hearings at
`(571) 272-9797 five business days prior to the oral hearing date to receive
`video set-up information. As a reminder, all arrangements and the expenses
`involved with appearing by video, such as the selection of the facility to be
`used from which a party will attend by video, must be borne by that party. If
`a video connection cannot be established, the parties will be provided with
`dial-in connection information, and the oral hearing will be conducted
`telephonically.
`If one or both parties would prefer to participate in the oral hearing
`
`2 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`
`
`IPR2019-00358, IPR2019-00359
`Patent 5,796,183
`
`telephonically, they should notify PTAB Hearings at the above telephone
`number five business days prior to the hearing to receive dial-in connection
`information.
`Petitioner and Patent Owner each shall have 60 minutes of total time
`to present arguments as to both proceedings. 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 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.
`The parties shall serve on opposing counsel any demonstrative
`exhibits at least seven (7) business days prior to the hearing. The parties
`also shall provide the demonstrative exhibits to the Board at least three (3)
`business days prior to the hearing by emailing them to
`PTABHearings@uspto.gov. The parties shall not file any demonstrative
`exhibits in this proceeding without prior authorization from the Board.
`We remind the parties that demonstrative exhibits are not evidence,
`but are intended to assist the parties in presenting their oral arguments to the
`Board. We also remind the parties that demonstrative exhibits are not a
`mechanism for making arguments not previously addressed in the papers.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, Case IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits, which must include citations to the
`record.
`
`3
`
`
`
`
`
`IPR2019-00358, IPR2019-00359
`Patent 5,796,183
`
`
`To the extent that the parties object to the propriety of any
`demonstrative exhibits, we expect the parties will meet and confer in good
`faith to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved, the parties shall file jointly a one-page list of objections
`to demonstratives with the Board at least two (2) business days before the
`hearing. The objections should identify with particularity the portions of
`each demonstrative exhibit subject to objection, include a copy of the
`objected-to portions, and include a one-sentence statement of the reason for
`each objection. No further argument or explanation is permitted. We will
`consider any objections and schedule a conference call if deemed necessary.
`Otherwise, we will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`The Board generally expects lead counsel for each party to be present
`by video at the oral hearing. Any counsel of record may present the party’s
`argument as long as that counsel is present by video.
`Any special requests for audio-visual equipment should be directed to
`PTABHearings@uspto.gov. A party may also indicate any special requests
`related to appearing at a video oral hearing, such as a request to
`accommodate 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.
`Please unmute yourself only when speaking. The panel will have
`access to all papers filed with the Board, including demonstratives. During
`the oral hearing, the parties are advised to identify clearly and specifically
`
`4
`
`
`
`
`
`IPR2019-00358, IPR2019-00359
`Patent 5,796,183
`
`each demonstrative referenced (e.g., by slide or screen number) to ensure the
`clarity and accuracy of the court reporter’s transcript. In addition, the parties
`are advised to identify themselves each time they speak. Furthermore, the
`remote nature of the oral hearing may also result in an audio lag, and so the
`parties are advised to observe a pause prior to speaking, so as to avoid
`speaking over others.
`Members of the public may request to listen in on this oral hearing. If
`resources are available, the Board generally expects to grant such requests.
`If either party objects to the Board granting such requests, for example,
`because confidential information may be discussed, the party must notify the
`Board by contacting PTABHearings@uspto.gov at least five business days
`prior to the oral hearing date.
`
`
`ORDER
`In view of the foregoing, it is, therefore,
`ORDERED that the parties’ requests for oral hearing are granted
`subject to the conditions set forth above in this Order; and
`FURTHER ORDERED that a video oral hearing, conducted pursuant
`to the procedures outlined above, shall commence at 9:00 AM Pacific
`Daylight Time (12:00 PM Eastern Daylight Time) on Thursday, May 7,
`2020.
`
`
`
`
`
`
`
`5
`
`
`
`
`
`IPR2019-00358, IPR2019-00359
`Patent 5,796,183
`
`
`
`For PETITIONER:
`
`W. Karl Renner
`Jeremy Monaldo
`Daniel D. Smith
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`jjm@fr.com
`dsmith@fr.com
`
`For PATENT OWNER:
`
`Joseph A. Rhoa
`Jonathan A. Roberts
`NIXON & VANDERHYE P.C.
`jar@nixonvan.com
`jr@nixonvan.com
`
`
`
`
`6
`
`
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