Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper: 27
` Entered: June 14, 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.
`____________
`
`IPR2022-00601 (Patent 9,269,208 B2)1
`IPR2022-00602 (Patent 9,665,705 B2)
`____________
`
`
`
`
`
`
`
`Before SCOTT A. DANIELS, BARRY L. GROSSMAN, and
`AMBER L. HAGY, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`
`ORDER GRANTING REQUESTS FOR ORAL ARGUMENT
`37 C.F.R. § 42.70
`
`
`1 We exercise our discretion to issue a single Order, to be filed in each case.
`The parties are not authorized to use this caption for subsequent papers.
`
`
`
`
`Tel: 571-272-7822
`
`Paper: 27
` Entered: June 14, 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.
`____________
`
`IPR2022-00601 (Patent 9,269,208 B2)1
`IPR2022-00602 (Patent 9,665,705 B2)
`____________
`
`
`
`
`
`
`
`Before SCOTT A. DANIELS, BARRY L. GROSSMAN, and
`AMBER L. HAGY, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`
`
`ORDER GRANTING REQUESTS FOR ORAL ARGUMENT
`37 C.F.R. § 42.70
`
`
`1 We exercise our discretion to issue a single Order, to be filed in each case.
`The parties are not authorized to use this caption for subsequent papers.
`
`
`
`
`
`IPR2022-00601 (Patent 9,269,208 B2)
`IPR2022-00602 (Patent 9,665,705 B2)
`
`I.
`
`ORAL ARGUMENT
`
`A.
`
`Time and Format
`
`Petitioner and Patent Owner have each requested that a concurrent
`
`oral hearing be scheduled to include both above noted proceedings. For this
`
`hearing Patent Owner and Petitioner jointly requested 45 minutes each for
`
`oral argument time. Papers 23, 24.2 The parties’ requests are granted and
`
`each party is allotted 45 minutes to present arguments in the combined
`
`proceedings. Petitioner indicated by email to the Board on May 31, 2023,
`
`that it was amendable to conducting the oral hearing by videoconference
`
`and Patent Owner did not set forth a preference. Id.
`
`Oral arguments will commence at 11:00 AM Eastern Time on
`
`June 29, 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.3
`
`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
`
`
`2 For brevity, we refer only to paper numbers in IPR2022-00601.
`3 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`IPR2022-00601 (Patent 9,269,208 B2)
`IPR2022-00602 (Patent 9,665,705 B2)
`
`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. 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.
`
`Petitioner bears the ultimate burden of proof that the challenged
`
`claims are unpatentable. 35 U.S.C. § 316(e). Therefore, starting at 11 am
`
`ET, by video, Petitioner will first present its case regarding the challenged
`
`claims at issue in IPR2022-00601 and IPR2022-00602. After Petitioner’s
`
`presentation, Patent Owner may respond to Petitioner’s arguments.
`
`Petitioner may respond to Patent Owner’s argument using any time reserved
`
`for rebuttal. Patent Owner may then respond to Petitioner’s rebuttal using
`
`any time reserved for sur-rebuttal.
`
`3
`
`
`
`IPR2022-00601 (Patent 9,269,208 B2)
`IPR2022-00602 (Patent 9,665,705 B2)
`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. Demonstrative exhibits are merely a visual aid for use at the
`
`hearing and are not evidence. Each slide 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 shall not introduce new arguments or evidence. The
`
`parties shall meet and confer to discuss any objections to demonstrative
`
`exhibits at least three (3) business days before the hearing. If any issues
`
`regarding demonstratives remain unresolved after the parties meet and
`
`confer, the parties shall file jointly a one-page list of objections to the
`
`demonstrative exhibits at least two (2) business days before the hearing. For
`
`each objection, the list must identify with particularity the demonstratives
`
`subject to the objection and include a short, one-sentence statement
`
`explaining the objection. We will consider the objections and schedule a
`
`conference call if necessary. For further guidance on what constitutes an
`
`appropriate demonstrative exhibit, the parties are directed to CBS Interactive
`
`Inc. v. Helferich Patent Licensing, LLC, Case IPR2013- 00033 (PTAB Oct.
`
`23, 2013) (Paper 118).
`
`We take this opportunity to remind the parties that each presenter
`
`must identify clearly and specifically each demonstrative exhibit (e.g., by
`
`slide or screen number) referenced during the hearing to ensure the clarity
`
`and accuracy of the reporter’s transcript.
`
`Any special requests for audio-visual equipment must be directed to
`
`PTABHearings@uspto.gov. A party may also indicate any special requests
`
`4
`
`
`
`IPR2022-00601 (Patent 9,269,208 B2)
`IPR2022-00602 (Patent 9,665,705 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 days before the
`
`hearings.
`
`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
`
`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.
`
`Accordingly, it is
`
`II. ORDER
`
`ORDERED that oral argument for these proceedings shall commence
`
`at 11:00 AM Eastern Time on June 29, 2022, and proceed in the manner
`
`set forth herein.
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2022-00601 (Patent 9,269,208 B2)
`IPR2022-00602 (Patent 9,665,705 B2)
`
`
`For PETITIONER:
`
`Jennifer C. Bailey
`Adam P. Seitz
`ERISE IP, P.A.
`jennifer.bailey@eriseip.com
`adam.seitz@eriseip.com
`
`PATENT OWNER:
`
`Darlene Ghavimi-Alagha
`Brian Bozzo
`George C. Summerfield
`Jonah Heemstra
`K&L GATES LLP
`darlene.ghavimi@klgates.com
`brian.bozzo@klgates.com
`heorge.dummerfield@klgates.com
`Jonah.heemstra@klgates.com
`
`6
`
`
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