Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 18
` Entered: July 6, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CPC PATENT TECHNOLOGIES PTY LTD.,
`Patent Owner.
`____________
`
`
`
`
`
`
`
`IPR2022-00600
`Patent 8,620,039 B2
`____________
`
`
`
`
`
`Before SCOTT A. DANIELS, AMBER L. HAGY and
`FREDERICK C. LANEY, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`
`ORDER GRANTING REQUESTS FOR ORAL ARGUMENT
`37 C.F.R. § 42.70
`
`
`
`
`Tel: 571-272-7822
`
`Paper 18
` Entered: July 6, 2023
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CPC PATENT TECHNOLOGIES PTY LTD.,
`Patent Owner.
`____________
`
`
`
`
`
`
`
`IPR2022-00600
`Patent 8,620,039 B2
`____________
`
`
`
`
`
`Before SCOTT A. DANIELS, AMBER L. HAGY and
`FREDERICK C. LANEY, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`
`ORDER GRANTING REQUESTS FOR ORAL ARGUMENT
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2022-00600
`Patent 8,620,039 B2
`
`I.
`
`ORAL ARGUMENT
`
`A.
`
`Time and Format
`Petitioner and Patent Owner each requested that an oral hearing be
`scheduled in this proceeding. Papers 16, 17. For this hearing, Petitioner
`requested 45 minutes of total argument time and Patent Owner also
`requested 45 minutes of total argument time. Id. Patent Owner did not
`specifically request either in-person argument or videoconference, and
`Petitioner proposed a virtual hearing but if “in-person hearings” were
`allowed, that the hearing take place in the USPTO offices in Alexandria,
`VA. Id. As none of the APJ’s are available to be in Alexandria on July 18,
`2023, the parties’ requests are granted to the extent each party is allotted 45
`minutes to present arguments and the oral hearing will be conducted by
`videoconference.
`Oral arguments will commence at 1:00 PM Eastern Time on July
`18, 2023, by videoconference. The parties are directed to contact the Board
`at least three (3) 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. The parties shall not make, or permit others to
`make, audio or visual recordings of the proceeding.
`If at any time during the hearings, 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.1
`
`
`1 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`IPR2022-00600
`Patent 8,620,039 B2
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov five business days prior to the oral hearing date
`to receive videoconference set-up information. As a reminder, all
`arrangements and expenses related to a party’s appearance by video, such as
`the selection of the facility to be used from which a party will attend by
`video, are the responsibility of 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.
`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 (5) business days prior to the hearing to receive dial-in
`connection information.
`Please unmute yourself 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 and for the benefit of
`all participants appearing electronically. 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.
`Having the burden of persuasion (see 35 U.S.C. § 316(e)), Petitioner
`will open the hearing by presenting its case regarding the challenged claims
`for which the Board instituted trial. Thereafter, Patent Owner will respond to
`Petitioner’s arguments. Petitioner may reserve rebuttal time to respond to
`arguments presented by Patent Owner. In accordance with the Consolidated
`
`3
`
`
`
`IPR2022-00600
`Patent 8,620,039 B2
`Trial Practice Guide.2 (“CTPG”), issued in November 2019, Patent Owner
`may request to reserve time for a brief surrebuttal, which will be limited to
`issues raised during Petitioner’s rebuttal. See CTPG 83.
`B. Demonstratives and Audio–Visual Equipment
` Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served no later than seven (7) business days before the hearing date. They
`shall be filed with the Board no later than five (5) business days before the
`hearing date.
`Demonstratives are not a mechanism for making new arguments.
`Demonstratives also are not evidence, and the Board will not consider them
`as evidence. Rather, demonstratives are visual aids to a party’s oral
`presentation regarding arguments and evidence previously presented and
`discussed in the papers. Accordingly, demonstratives must be clearly marked
`with the words “DEMONSTRATIVE EXHIBIT—NOT EVIDENCE” in the
`footer. See Dell Inc. v. Acceleron, LLC, 884 F.3d 1364, 1369 (Fed. Cir.
`2018) (holding that the Board is obligated under its own regulations to
`dismiss untimely argument “raised for the first time during oral argument”).
`“[N]o new evidence may be presented at the oral argument.” CTPG 86; see
`also St. Jude Med., Cardiology Div., Inc. v. The Bd. of Regents of the Univ.
`of Mich., IPR2013-00041, Paper 65, 2–3 (PTAB Jan. 27, 2014) (explaining
`that “new” evidence includes evidence already of record but not previously
`discussed in any paper of record). Furthermore, because of the strict
`prohibition against the presentation of new evidence or arguments at a
`hearing, the Board strongly recommends that each demonstrative include a
`citation to a paper in the record, which allows the Board to easily ascertain
`
`2 Available at https://www.uspto.gov/TrialPracticeGuideConsolidated
`
`
`4
`
`
`
`IPR2022-00600
`Patent 8,620,039 B2
`whether a given demonstrative contains “new” argument or evidence or,
`instead, contains only that which is developed in the existing record.
`Due to the nature of the Board’s consideration of demonstratives and
`the opportunity afforded for the parties to reach an agreement without
`involving the Board, the Board does not anticipate that objections to
`demonstratives are likely to be sustained. Nevertheless, to the extent that a
`party objects to the propriety of any demonstrative, the parties must meet
`and confer in good faith to resolve any objections to demonstratives prior to
`filing the objections with the Board. If such objections cannot be resolved,
`the parties may file any objections to demonstratives with the Board no later
`than two (2) business days before the hearing. The objections must identify,
`with particularity, which portions of the demonstratives are subject to
`objection (and should include a copy of the objected-to portions) and include
`a one (1) sentence statement of the reason for each objection. No argument
`or further explanation is permitted. The Board will consider any objections,
`and may reserve ruling on the objections. Any objection to demonstratives
`that is not timely presented will be considered waived.
`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 hearing, such as a request to accommodate
`deaf, hard-of-hearing, blind, or low-vision individuals, and indicate how the
`PTAB may accommodate the special request. Any special requests must be
`presented in a separate communication at least five (5) business days before
`the hearing date.
`C.
`Legal Experience and Advancement Program
`The Board has established the “Legal Experience and Advancement
`Program,” or “LEAP,” to encourage advocates with less legal experience to
`
`5
`
`
`
`IPR2022-00600
`Patent 8,620,039 B2
`argue before the Board to develop their skills. Either party may request that
`a qualifying LEAP practitioner participate in the program and conduct at
`least a portion of the party’s oral argument. The Board will grant up to
`fifteen (15) minutes of additional argument time to that party, depending on
`the length of the proceeding and the PTAB’s hearing schedule. A party
`should submit a request, no later than five (5) business days before the oral
`hearing, by email to the Board at PTABHearings@uspto.gov. Additional
`information and a combined LEAP Practitioner Request for Oral Hearing
`Participation and Verification Form is available on the LEAP website,
`www.uspto.gov/leap.
`
`II. ORDER
`
`Accordingly, it is
`ORDERED that oral argument for these proceedings shall commence
`at 1:00 PM Eastern Time on July 18, 2023, by videoconference, and
`proceed in the manner set forth herein.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6
`
`
`
`IPR2022-00600
`Patent 8,620,039 B2
`For PETITIONER:
`
`Jennifer C. Bailey
`Adam P. Seitz
`ERISE IP, P.A.
`PTAB@eriseip.com
`Jennifer.Bailey@eriseip.com
`Adam.Seitz@eriseip.com
`
`PATENT OWNER:
`
`Darlene F. Ghavimi-Alagha
`Brian P. Bozzo
`K&L Gates LLP
`darlene.ghavimi@klgates.com
`brian.bozzo@klgates.com
`
`7
`
`
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