`571-272-7822
`
`
`
`
`Paper: 36
`Entered: July 6, 2021
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE, INC.,
`Petitioner,
`v.
`COREPHOTONICS LTD.,
`Patent Owner.
`
`____________
`
`IPR2020-00905 (Patent 10,255,479 B1)
` IPR2020-00906 (Patent 10,255,479 B1)1
`____________
`
`
`
`Before BRYAN F. MOORE, JOHN F. HORVATH, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case.
`
`
`
`IPR2020-00905 (Patent 10,255,479 B1)
`IPR2020-00906 (Patent 10,255,479 B1)
`
`
`On July 1, 2021, Petitioner and Patent Owner filed requests for oral
`argument in these proceedings, each requesting 60 minutes of argument per
`side, per proceeding. See Papers 33, 34.2
`The parties’ requests for oral argument are granted, and oral argument
`will be held by video conference on August 12, 2021, commencing at 1:00
`p.m. Eastern Time. As indicated below, each party shall have 45 minutes of
`argument per proceeding. The Board expects lead counsel for each party to
`be present. However, lead or backup counsel may put forward a party’s
`arguments. If either party anticipates that its lead counsel will not be
`present, the parties should initiate a joint telephone conference with the
`Board no later than two business days prior to the oral hearing to discuss the
`matter.
`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.
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov 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 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
`
`
`2 Unless otherwise indicated, we cite the papers filed in IPR2020-00905.
`Similar papers were filed in IPR2020-00906.
`
`2
`
`
`
`IPR2020-00905 (Patent 10,255,479 B1)
`IPR2020-00906 (Patent 10,255,479 B1)
`
`dial-in connection information, and the oral hearing will be conducted
`telephonically. No party may attend the hearing at any USPTO location.
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above email
`address five business days prior to the hearing to receive dial-in connection
`information.
`Each party will have forty-five (45) minutes of total argument time
`for each proceeding. Petitioner bears the ultimate burden of proof that the
`challenged claims are unpatentable. Therefore, Petitioner will proceed first,
`and will present its arguments with regard to the challenged claims and
`grounds on which we instituted trial. Petitioner may reserve some of its time
`for rebuttal. Patent Owner may respond to Petitioner’s arguments, and may
`also reserve some of its time for rebuttal. Petitioner may then use its rebuttal
`time to respond to Patent Owner’s arguments, and Patent Owner may use its
`rebuttal time to respond to Petitioner’s arguments.
`Under 37 C.F.R. § 42.70(b), any demonstrative exhibits to be
`presented at the hearing must be served seven business days before the
`hearing. They shall be filed with the Board no later than three business
`days before the hearing. Any objection to demonstrative exhibits should be
`resolved at least two business days prior to the hearing by way of a joint
`telephone conference call to the Board. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. For
`guidance on appropriate content in demonstrative exhibits, the parties are
`directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`IPR2013-00033, Paper 118 (Oct. 23, 2013).
`
`3
`
`
`
`IPR2020-00905 (Patent 10,255,479 B1)
`IPR2020-00906 (Patent 10,255,479 B1)
`
`
`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
`result in an audio lag, and the parties are advised to observe a pause prior to
`speaking to avoid speaking over others.
`If the parties have any questions not specifically addressed above,
`they may contact the Board at PTABHearings@uspto.gov.
`
`
`
`
`
`
`4
`
`
`
`IPR2020-00905 (Patent 10,255,479 B1)
`IPR2020-00906 (Patent 10,255,479 B1)
`
`PETITIONER:
`Michael Parsons
`Andrew Ehmke
`Jordan Maucotel
`HAYNES & BOONE, LLP
`michael.parsons.ipr@haynesboone.com
`andy.ehmke.ipr@ haynesboone.com
`jordan.maucotel@ haynesboone.com
`
`PATENT OWNER:
`Neil C. Rubin
`Jay Chung
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`jchung@raklaw.com
`
`
`5
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`