Trials@uspto.gov
`571.272.7822
`
`
` Paper No. 14
` Entered: April 28, 2020
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00702
`Patent 7,969,925 B2
`____________
`
`
`
`Before SALLY C. MEDLEY, JEFFREY S. SMITH, and GARTH D. BAER,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`571.272.7822
`
`
` Paper No. 14
` Entered: April 28, 2020
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00702
`Patent 7,969,925 B2
`____________
`
`
`
`Before SALLY C. MEDLEY, JEFFREY S. SMITH, and GARTH D. BAER,
`Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`IPR2019-00702
`Patent 7,969,925 B2
`
`
`Petitioner and Patent Owner have each filed requests for oral hearing
`in the above captioned proceeding, pursuant to 37 C.F.R. § 42.70. IPR2019-
`00702, Papers 12, 13. The requests for oral hearing are granted according to
`the terms set forth in this Order.
`
`The oral hearing will commence at approximately 2:45 PM Eastern
`Time on May 21, 2020, by video.1 The parties are directed to contact the
`Board at least ten (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 (5) 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.
`
`
`1 Upon conclusion of the hearing for cases IPR2019-00700 and IPR2019-
`00701, there will be a short recess, followed by the commencement of the
`hearing for IPR2019-00702.
`2 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`IPR2019-00702
`Patent 7,969,925 B2
`
`
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above telephone
`number five business days prior to the hearing to receive dial-in connection
`information.
`
`Each party will have forty-five (45) minutes of total time to present
`arguments. Petitioner will proceed first to present its case with regard to the
`challenged claims and grounds set forth in the Petition. Thereafter, Patent
`Owner may respond to Petitioner’s case. Petitioner may use any of its
`remaining time for rebuttal regarding Patent Owner’s arguments regarding
`the challenged claims. And, thereafter, Patent Owner may use any of its
`remaining time for sur-rebuttal, to respond to Petitioner’s rebuttal
`arguments. The parties are reminded that arguments made during rebuttal
`and sur-rebuttal periods must be responsive to arguments the opposing party
`made in its immediately preceding presentation.
`
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). At least five (5) business days prior
`to the hearing, the parties shall file any demonstrative exhibits in this case.
`
`Demonstrative exhibits used at the oral hearing are aids to oral
`argument and not evidence. The Board expects the parties will meet and
`confer in good faith to resolve any objections to demonstrative exhibits. For
`any issue that cannot be resolved after conferring with the opposing party,
`the parties may email jointly to Trials@uspto.gov a one-page list of
`objections at least five (5) business days prior to the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one short sentence) of
`
`3
`
`
`
`IPR2019-00702
`Patent 7,969,925 B2
`
`
`the reason for each objection. No argument or further explanation is
`permitted.
`We will consider the objections and schedule a conference call, if
`necessary. Otherwise, we will reserve ruling on the objections until the
`hearing or after the hearing. Any objection to demonstrative exhibits that is
`not presented timely 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.
`The panel will have access to all papers filed with the Board,
`including demonstratives. During the oral hearing, the parties are advised to
`unmute yourself only when speaking, and identify clearly and specifically
`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.
`
`4
`
`
`
`IPR2019-00702
`Patent 7,969,925 B2
`
`
`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 (5) business
`days prior to the oral hearing date.
`It is
`ORDERED that oral argument will commence at approximately
`2:45 PM Eastern Time on May 21, 2020.
`
`
`
`5
`
`
`
`IPR2019-00702
`Patent 7,969,925 B2
`
`PETITIONER:
`
`Brian Erickson
`James M. Heintz
`DLA Piper LLP (US)
`brian.erickson@dlapiper.com
`Jim.heintz@dlapiper.com
`
`
`PATENT OWNER:
`
`Ryan Loveless
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`Etheridge Law Group
`ryan@etheridgelaw.com
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`
`
`
`
`
`
`6
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
