Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`Paper 25
`Entered: June 29, 2020
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MPH TECHNOLOGIES OY,
`Patent Owner.
`_______________
`
`IPR2019-00821 (Patent 8,037,302 B2)
`_______________
`
`
`
`Before SALLY C. MEDLEY, KAMRAN JIVANI, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`HAMANN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`Tel: 571-272-7822
`
`
`
`Paper 25
`Entered: June 29, 2020
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MPH TECHNOLOGIES OY,
`Patent Owner.
`_______________
`
`IPR2019-00821 (Patent 8,037,302 B2)
`_______________
`
`
`
`Before SALLY C. MEDLEY, KAMRAN JIVANI, and
`JOHN D. HAMANN, Administrative Patent Judges.
`
`HAMANN, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2019-00821 (Patent 8,037,302 B2)
`
`
`We instituted inter partes review in the above-referenced proceeding.
`
`Paper 9. The Scheduling Order set July 15, 2020 as the date for oral
`
`argument, if requested. Paper 10. With mutual consent of the parties, we
`
`reset the oral hearing date to July 17, 2020. Paper 24. Pursuant to 37 C.F.R.
`
`§ 42.70, each party filed a request for oral argument. Papers 22, 23. The
`
`requests are granted.
`
`Oral arguments will commence at 9:30 AM ET on July 17, 2020, by
`
`video. 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 be the official hearing record.
`
`If at any time during the hearing, counsel encounters technical or
`
`other difficulties that fundamentally undermine counsel’s ability to
`
`adequately represent its client, please let the panel know immediately, and
`
`adjustments will be made.1
`
`To facilitate planning and receive video set-up information, each party
`
`must contact PTABHearings@uspto.gov at least five (5) business days prior
`
`to the oral hearing date. 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 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`IPR2019-00821 (Patent 8,037,302 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 (5) business days prior to the hearing to receive dial-in
`
`connection information.
`
`Each party will have a total of forty-five (45) minutes for oral
`
`argument time across both proceedings. Petitioner will argue first and may
`
`present arguments regarding the issues identified in the parties’ requests for
`
`oral argument (Papers 22, 23). Patent Owner will then have the opportunity
`
`to respond to Petitioner’s arguments and address the issues identified in the
`
`parties’ requests for oral argument. Next, Petitioner may use any time it has
`
`reserved for rebuttal to respond to Patent Owner’s arguments. Lastly, Patent
`
`Owner may use any time it has reserved for sur-rebuttal to respond to
`
`Petitioner’s rebuttal arguments. No other arguments will be heard.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`
`served at least (7) seven business days before the hearing. The parties also
`
`shall provide the demonstrative exhibits to the Board at least two (2)
`
`business days prior to the hearing by emailing them to
`
`PTABHearings@uspto.gov. The parties shall not file any demonstrative
`
`exhibits on the dockets without prior authorization. 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 appropriate content of
`
`demonstrative exhibits.
`
`The parties are reminded that demonstrative exhibits are visual aids to
`
`oral argument and not evidence, and should be clearly marked as such. For
`
`example, each slide may be marked with the words “DEMONSTRATIVE
`
`EXHIBIT – NOT EVIDENCE” in the footer. Demonstrative exhibits may
`
`3
`
`
`
`IPR2019-00821 (Patent 8,037,302 B2)
`
`
`not be used to advance arguments or introduce evidence not previously
`
`presented in the record. See Dell Inc. v. Acceleron, LLC, 884 F.3d 1364,
`
`1369 (Fed. Cir. 2018) (noting that the “Board was obligated to dismiss [the
`
`petitioner’s] untimely argument . . . raised for the first time during oral
`
`argument”). Instead, demonstrative exhibits should cite to the briefs and
`
`evidence in the record.
`
`The Board expects that the parties will meet and confer in good faith
`
`to resolve any objections to demonstrative exhibits, but if any objections
`
`cannot be resolved, the unresolved objections must be filed with the Board at
`
`least (2) two business days before the hearing. Any objection to
`
`demonstrative exhibits that is not timely presented will be considered
`
`waived. The objections should identify with particularity which
`
`demonstratives and portions thereof are subject to objection, and include a
`
`short (one sentence or less) statement of the reason for each objection. No
`
`argument or further explanation is permitted. The Board will consider the
`
`objections and schedule a conference if the Board deems necessary.
`
`Otherwise, the Board will rule on the objections at the hearing.
`
`Any requests for a pre-hearing conference must be made by
`
`July 6, 2020. To request such a conference, an email should be sent to
`
`Trials@uspto.gov including several dates and times of availability for one or
`
`both parties, as appropriate, that are generally no later than three (3) business
`
`days prior to the oral hearing.
`
`The Board 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
`
`4
`
`
`
`IPR2019-00821 (Patent 8,037,302 B2)
`
`
`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) business days
`
`before the hearing.
`
`Counsel should unmute 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
`
`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 thus
`
`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 to 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 (5) business
`
`days prior to the oral hearing date.
`
`
`
`It is
`
`ORDERED that oral argument will commence at 9:30 AM ET on
`
`July 17, 2020.
`
`
`
`
`
`
`
`5
`
`
`
`IPR2019-00821 (Patent 8,037,302 B2)
`
`
`PETITIONER:
`
`Michael Specht
`Mspecht-ptab@sternekessler.com
`
`Daniel Block
`Dblock-ptab@sternekessler.com
`
`Keyur Parikh
`Kparikh-ptab@sternekessler.com
`
`PATENT OWNER:
`
`James Carmichael
`jim@carmichaelip.com
`
`Kenneth Weatherwax
`weatherwax@lowensteinweatherwax.com
`
`Rich Megley
`rmegley@leesheikh.com
`
`Brian Haan
`bhaan@leesheikh.com
`
`Ashley LaValley
`alavalley@leesheikh.com
`
`Christopher Lee
`clee@leesheikh.com
`
`Patrick Maloney
`maloney@lowensteinweatherwax.com
`
`Jason Linger
`linger@lowensteinweatherwax.com
`
`Stephen Schreiner
`schreiner@carmichaelip.com
`
`
`6
`
`
`
`IPR2019-00821 (Patent 8,037,302 B2)
`IPR2019-00821 (Patent 8,037,302 B2)
`
`
`
`
`7
`
`
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