`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` ____________
`APPLE INC.,
`Petitioner
`v.
`
`RFCYBER CORP.,
`Patent Owner.
`____________
`
`Inter Partes Review Case No. IPR2022-00413
`U.S. Patent No. 9, 240,009
` ____________
`
`
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`
`
`Inter Partes Case No. IPR2022-00413
`U.S. Patent No. 9,240,009
`
`Pursuant to the Board’s July 21, 2022, Scheduling Order (Paper 12), Petitioner
`
`respectfully requests oral argument for the trial currently scheduled on April 21,
`
`2023. Petitioner requests oral argument for this IPR (IPR2022-00412) be combined
`
`with oral argument for IPR2022-00413 (for which a Request for Oral Argument is
`
`concurrently filed). Although the patents of the two IPRs are related, the grounds
`
`and arguments are varied amongst the two patents. Petition requests a total argument
`
`time of 90 minutes for each Party. Petitioner also requests a single set of
`
`demonstratives be used for both IPRs.
`
`Petitioner proposes holding the hearing virtually. However, if the Board holds
`
`an in-person hearing, Petitioner requests that the hearing take place in Alexandria,
`
`Virginia.
`
`Pursuant to 37 C.F.R. § 42.70(a), Petitioner specifies the following issues,
`
`without intent to waive consideration of any issue not requested, to be argued for this
`
`proceeding:
`
`1. Whether Claims 1-6 and 13-17 are unpatentable under § 103(a) over U.S.
`
`Patent U.S. Patent Application Publication No. 2006/0165060 to Dua (“Dua”) and
`
`GlobalPlatform Card Specification Version 2.1.1 (March 2003) (“GlobalPlatform”);
`
`2. Whether Claims 7-10 are unpatentable under § 103(a) over Dua,
`
`GlobalPlatform, and Smart Card Handbook Third Edition, by Wolfgang Rankl and
`
`Wolfgang Effing (2003) (“Smart Card Handbook”);
`
`
`
`1
`
`
`
`Inter Partes Case No. IPR2022-00413
`U.S. Patent No. 9,240,009
`
`3. Whether Claims 11 and 12 are unpatentable under § 103(a) over Dua,
`
`GlobalPlatform, Smart Card Handbook, and U.S. Patent Application Publication No.
`
`2006/0174352 to Thibadeau.
`
`4.
`
`5.
`
`Any claim constructions raised in any papers filed in the proceeding;
`
`Any issues specified in the Patent Owner’s Objection to Motion for
`
`Joinder; Patent Owner Preliminary Response, Patent Owner Response, or Patent Owner
`
`Sur-Reply;
`
`6.
`
`Any issues specified in the Petitioner’s Response to Patent Owner’s
`
`Objection to Motion for Joinder and Petitioner Reply; and
`
`7.
`
`Any issues otherwise raised by the Board.
`
`
`Date: March 8, 2023
`
`
`
`Respectfully submitted,
`ERISE IP, P.A.
`
`
`BY: /s/ Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`Paul R. Hart, Reg. No. 59,646
`
`
`COUNSEL FOR PETITIONER
`
`
`
`
`
`
`
`
`
`2
`
`
`
`Inter Partes Case No. IPR2022-00413
`U.S. Patent No. 9,240,009
`
`
`CERTIFICATE OF SERVICE ON PATENT OWNER
`UNDER 37 C.F.R. § 42.105(a)
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(b), the undersigned certifies that
`
`on March 8, 2023, a complete and entire copy of this Petitioner’s Request for Oral
`
`Argument was served via electronic filing with the Board and via Electronic Mail
`
`on the following practitioners of record for Patent Owner:
`
`Vincent J. Rubino, III (vrubino@fabricantllp.com)
`Peter Lambrianakos (plambrianokos@fabricantllp.com)
`Alfred R. Fabricant (ffabricant@fabricantllp.com)
`Richard Cowell (rcowell@fabricantllp.com)
`
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`
`BY: /s/ Adam P. Seitz
`Adam P. Seitz, Reg. No. 52,206
`COUNSEL FOR PETITIONER
`
`
`
`
`
`
`
`3
`
`
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
