`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`DISH NETWORK L.L.C., AT&T SERVICES, INC.,
`and DIRECTV, LLC,1
`Petitioner
`
`v.
`
`BROADBAND iTV, INC.,
`Patent Owner
`___________________
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026 B2
`___________________
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`1 AT&T Services, Inc. and DIRECTV, LLC filed a motion for joinder and a
`petition in Case IPR2021-00556, which were granted, and, therefore, have been
`joined as petitioners in this proceeding.
`
`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026 B2
`Pursuant to 37 C.F.R. § 42.70 and the Board’s January 21, 2021 Scheduling
`
`Order (Paper 16), Patent Owner Broadband iTV, Inc. (“Patent Owner”),
`
`respectfully requests oral argument, which is currently scheduled for November 1,
`
`2021 (see Paper 44 (rescheduling oral argument)). Patent Owner believes that 60
`
`minutes is an appropriate argument time for each side at the oral argument in this
`
`case.
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`Patent Owner specifies the following issues to be argued:
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`• The alleged unpatentability of claims 1-16 of U.S. Patent No.
`
`10,028,026 (“the ’026 Patent”) as obvious over Gonder and Son;
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`• The alleged unpatentability of claims 1-16 of the ’026 Patent as
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`obvious over Gonder, Son, and Kelts;
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`• Gonder is not prior art to the ’026 Patent;
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`• Any issues identified in Petitioner’s Request for Oral Argument;
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`• Rebuttal to Petitioner’s presentation on all matters;
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`• Any other issues raised in papers filed in this proceeding, including
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`issues raised in papers yet to be filed, such as any Motions to Exclude
`
`and Oppositions to Motions to Exclude; and
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`• Any other outstanding motions and pleadings, and other issues that
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`the Board deems necessary for issuing a Final Written Decision.
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`
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`- 1 -
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`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026 B2
`Patent Owner recognizes that circumstances may require a remote video or
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`telephonic hearing in light of the COVID-19 pandemic, subject to the Board’s
`
`guidance. If the hearing is conducted in-person, Patent Owner requests the ability
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`to use audio-visual equipment to display possible demonstratives and exhibits,
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`including the use of an ELMO, computer, projector, and screen.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason A. Fitzsimmons/
`
`Jason A. Fitzsimmons
`Registration No. 65,367
`Counsel for Patent Owner
`
`Date: September 9, 2021
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`- 2 -
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`
`
`Case IPR2020-01267
`U.S. Patent No. 10,028,026 B2
`CERTIFICATION OF SERVICE
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing PATENT OWNER’S REQUEST FOR ORAL ARGUMENT was
`
`electronically served via e-mail in its entirety on September 9, 2021, upon the
`
`following counsel of record for Petitioner:
`
`Counsel for DISH Network L.L.C.:
`Alyssa Caridis (Lead Counsel)
`K. Patrick Herman (Back-up Counsel)
`Clement Roberts (Back-up Counsel)
`Will Melehani (Back-up Counsel)
`ORRICK, HERRINGTON, & SUTCLIFFE, LLP
`A8CPTABDocket@orrick.com
`P52PTABDocket@orrick.com
`croberts@orrick.com
`wmelehani@orrick.com
`
`Counsel for AT&T Services, Inc. and
`DIRECTV, LLC:
`Roger Fulghum (Lead Counsel)
`Jeffrey S. Becker (Back-up Counsel)
`Morgan G. Mayne (Back-up
`Counsel)
`BAKER BOTTS L.L.P.
`roger.fulghum@bakerbotts.com
`jeff.becker@bakerbotts.com
`morgan.mayne@bakerbotts.com
`
`
`
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jason A. Fitzsimmons/
`
`Jason A. Fitzsimmons
`Registration No. 65,367
`Counsel for Patent Owner
`
`Date: September 9, 2021
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005–3934
`(202) 371–2600
`
`17294097_1.docx
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