`571-272-7822 Entered: April 14, 2020
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FACEBOOK, INC., INSTAGRAM, LLC, and WHATSAPP INC.,
`Petitioner,
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`v.
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`BLACKBERRY LIMITED,
`Patent Owner.
`____________
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`Case IPR2019-00516
`Case IPR2019-00528
`Patent 8,279,173 B2
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`____________
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`Before, SALLY C. MEDLEY, MIRIAM L. QUINN, and
`AARON W. MOORE, Administrative Patent Judges.
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`QUINN, Administrative Patent Judge.
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`ORDER
`Setting Oral Hearing by Video
`37 C.F.R. § 42.70(a)
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`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
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`In the above-identified proceedings, we instituted inter partes review
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`and issued a Scheduling Order setting the oral hearing on May 5, 2020, if
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`oral hearing is requested by either party and granted by the Board. Both
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`parties requested an oral hearing in this case, with Petitioner requesting 30
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`minutes of total time and the USPTO Regional Office located in Denver as
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`the location. Paper 31. Patent Owner acknowledges that the Board is not
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`conducting oral arguments in person, and has not identified any particular
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`duration for its presentation. Paper 32. The request for oral argument is
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`granted.
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`1. Remote Hearing Instructions
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`Oral arguments will commence at 11 AM ET (10 AM CT, 9 AM MT,
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`and 8 AM PT) on May 5, 2020, by video. The parties are directed to contact
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`the Board at least 10 days in advance of the hearing if there are any concerns
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`about disclosing confidential information. The Board will provide a court
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`reporter for the hearing, and the reporter’s transcript will constitute the
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`official record of the hearing.
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`If at any time during the proceeding, you encounter technical or other
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`difficulties that fundamentally undermine your ability to adequately
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`represent your client, please let the panel know immediately, and
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`adjustments will be made.1
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`To facilitate planning, each party must contact PTAB Hearings at
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`(571) 272-9797 five business days prior to the oral hearing date to receive
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` 1
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` For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
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`2
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`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
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`video set-up information. As a reminder, all arrangements and the expenses
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`involved with appearing by video, such as the selection of the facility to be
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`used from which a party will attend by video, must be borne by that party. If
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`a video connection cannot be established, the parties will be provided with
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`dial-in connection information, and the oral hearing will be conducted
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`telephonically.
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`If one or both parties would prefer to participate in the oral hearing
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`telephonically, they should notify PTAB Hearings at the above telephone
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`number five business days prior to the hearing to receive dial-in connection
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`information.
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`2. Order and Manner of Presentation
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`Each party will have thirty (30) minutes of total time to present
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`arguments for this proceeding. Because Petitioner bears the ultimate burden
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`of proof that the challenged and proposed substitute claims are unpatentable,
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`Petitioner will proceed first to present its case as to the challenged claims
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`and instituted grounds of unpatentability in this proceeding, and may reserve
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`a small portion of its time for rebuttal. Thereafter, Patent Owner will
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`respond to Petitioner’s case. After that, Petitioner may use the rest of its
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`time for its rebuttal, responding to Patent Owner’s specific arguments
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`presented at the oral hearing. If Patent Owner has reserved time for rebuttal
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`and up to the time remaining, Patent Owner may present sur-rebuttal
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`argument. No live testimony from any witness will be taken at the oral
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`hearing.
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`Please unmute yourself only when speaking. The panel will have
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`access to all papers filed with the Board, including demonstratives. During
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`3
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`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
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`the oral hearing, the parties are advised to identify clearly and specifically
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`each demonstrative referenced (e.g., by slide or screen number) to ensure the
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`clarity and accuracy of the court reporter’s transcript. In addition, the parties
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`are advised to identify themselves each time they speak. Furthermore, the
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`remote nature of the oral hearing may also result in an audio lag, and so the
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`parties are advised to observe a pause prior to speaking, so as to avoid
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`speaking over others. Opposing counsel may not interrupt counsel for the
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`speaking party and any objections to the presentation of opposing counsel
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`must be made during the counsel’s speaking time. The presiding judge will
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`keep time and announce it as needed to maintain order.
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`3. Filing of Demonstratives
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
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`least five business days prior to the hearing. The parties shall confer with
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`each other regarding any objections to demonstrative exhibits, and file
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`demonstrative exhibits with the Board, as a separate exhibit in accordance
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`with 37 C.F.R. § 42.63, at least three business days prior to the hearing.
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`4. Objections to Demonstratives
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`Demonstrative exhibits are not evidence, but merely a visual aid at the
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`oral hearing. The Board expects the parties will meet and confer in good
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`faith to resolve any objections to demonstrative exhibits. For any issue that
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`cannot be resolved after conferring with the opposing party, the parties may
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`file jointly a one-page list of objections at least three business days prior to
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`the hearing. The list should identify with particularity which demonstrative
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`exhibits are subject to objection and include a short statement (no more than
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`4
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`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
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`one short sentence) of the reason for each objection. No argument or further
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`explanation is permitted.
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`We will consider the objections and schedule a conference call, if
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`necessary. Otherwise, we will reserve ruling on the objections until the
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`hearing or after the hearing. Any objection to demonstrative exhibits that is
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`not presented timely will be considered waived.
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`5. Lead Counsel Present
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`The Board generally expects lead counsel for each party to be present
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`by video at the oral hearing. Any counsel of record may present the party’s
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`argument as long as that counsel is present by video.
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`6. Special Requests
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`Any special requests for audio-visual equipment should be directed to
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`PTABHearings@uspto.gov. A party may also indicate any special requests
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`related to appearing at a video oral hearing, such as a request to
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`accommodate visual or hearing impairments, and indicate how the PTAB
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`may accommodate the special request. Any special requests must be
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`presented in a separate communication not less than five (5) days before the
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`hearing.
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`7. Public Attendance
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`Members of the public may request to listen in on this oral hearing. If
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`resources are available, the Board generally expects to grant such requests.
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`If either party objects to the Board granting such requests, for example,
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`because confidential information may be discussed, the party must notify the
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`Board by contacting PTABHearings@uspto.gov at least five business days
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`prior to the oral hearing date.
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`5
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`IPR2019-00516 (Patent 8,279,173 B2)
`IPR2019-00528 (Patent 8,279,173 B2)
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`PETITIONER:
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`Heidi L. Keefe
`Andrew C. Mace
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
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`PATENT OWNER:
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`James M. Glass
`Richard Lowry
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`richardlowry@quinnemanuel.com
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`6
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