`
`
`IPR2019-00528
`U.S. Patent No. 8,279,173
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`FACEBOOK, INC., INSTAGRAM, LLC, and WHATSAPP INC.,
`Petitioners
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner
`
`
`
`
`Case No. IPR2019-00528
`U.S. Patent No. 8,279,173 B2
`
`
`
`
`PETITIONERS’ REQUEST FOR ORAL HEARING
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2019-00528
`U.S. Patent No. 8,279,173
`
`Pursuant to 37 C.F.R. § 42.70(a), Petitioners Facebook, Inc., Instagram,
`
`LLC, and WhatsApp Inc. request an oral hearing on all grounds of unpatentability
`
`raised in this proceeding, including Patent Owner’s motion to amend. Petitioners
`
`also request oral hearing on any issues raised by Patent Owner in its Request for
`
`Oral Hearing, any procedural or evidentiary issues raised by the parties, and any
`
`additional issues or questions raised by the Board or the parties before or during
`
`the oral argument.
`
`
`
`Petitioners request a single oral hearing to address both IPR2019-00516 and
`
`IPR2019-00528. Petitioners request 30 minutes total to address all of the issues
`
`involved in these two proceedings. To the extent the Board schedules the hearing
`
`to last more than 60 minutes total, however, Petitioners request that they should be
`
`given half the length of the hearing to address these issues.
`
`
`
`Petitioners further request that they be permitted to speak first at oral
`
`argument as the party bearing the burden of showing the unpatentability of the
`
`challenged claims, and that they be permitted to reserve time for rebuttal following
`
`Patent Owner’s allotted argument time.
`
`
`
`Petitioners request that the oral hearing be held at the Denver, Colorado,
`
`USPTO Regional Office to the extent practicable including the capacity of the
`
`
`
`
`
`-1-
`
`
`
`
`
`
`
`
`hearing room. Petitioners believe that there will be no more than four attorneys
`
`IPR2019-00528
`U.S. Patent No. 8,279,173
`
`
`
`
`and clients present for this oral hearing.
`
`
`
`Petitioners also request that their attorneys be allowed to use computers at
`
`the hearing (in addition to the counsel making the argument using his or her
`
`computer to show the demonstratives) to avoid the need for the parties to bring
`
`entire paper copies of the record into the hearing room and to facilitate efficient
`
`answering of panel questions.
`
`
`
`Petitioners further request the use of audio-visual equipment suitable to
`
`display papers of record and demonstrative exhibits, including a computer-
`
`connectable projector, an ELMO, and a screen. Petitioners further request the
`
`services of a court report to transcribe the proceeding.
`
`
`
`
`
`By:
`
`
`
`
`Respectfully submitted,
`
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`Counsel for Petitioners
`
`
`Dated: March 24, 2020
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`
`
`
`
`
`
`-2-
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2019-00528
`U.S. Patent No. 8,279,173
`
`CERTIFICATE OF SERVICE
`
`I hereby certify, pursuant to 37 C.F.R. Section 42.6, that a complete copy of
`the attached PETITIONERS’ REQUEST FOR ORAL HEARING and related
`documents, are being served via electronic mail on the 24th day of March, 2020,
`upon the Patent Owner by serving its counsel of record as follows:
`
`
`James M. Glass
`(jimglass@quinnemanuel.com)
`Richard Lowry
`(richardlowry@quinnemanuel.com)
`QUINN EMANUEL
`(Facebook-IPR528@quinnemanuel.com)
`
`
`DATED: March 24, 2020
`
`
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`COOLEY LLP
`
`
`
`
`
`
`-3-
`
`
`
`