Paper 49
`
`
` Entered: January 29, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., HTC CORPORATION, HTC AMERICA, INC.,
`SAMSUNG ELECTRONICS CO. LTD,
`SAMSUNG ELECTRONICS AMERICA, INC., AMAZON.COM, INC.,
`SONY CORP., SONY ELECTRONICS INC.,
`SONY MOBILE COMMUNICATIONS AB,
`SONY MOBILE COMMUNICATIONS (USA) INC.,
`LG ELECTRONICS, INC., LG ELECTRONICS USA, INC., and
`LG ELECTRONICS MOBILECOMM USA, INC.,
`Petitioner,
`v.
`MEMORY INTEGRITY, LLC,
`Patent Owner.
`____________
`
`Cases IPR2015-00159, IPR2015-00163
`Patent 7,296,121 B21
`____________
`
`Before JENNIFER S. BISK, NEIL T. POWELL, and
`KERRY BEGLEY, Administrative Patent Judges.
`
`POWELL, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`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. The parties, however, are not authorized to
`use this caption for any subsequent papers.
`
`
`
`

`
`IPR2015-00159 (Patent 7,296,121 B2)
`IPR2015-00163 (Patent 7,296,121 B2)
`
`
`Pursuant to 37 C.F.R. § 42.70(a), Apple Inc., HTC Corporation, HTC
`America, Inc., Samsung Electronics Co. Ltd., Samsung Electronics America, Inc.,
`Amazon.com, Inc., Sony Corp., Sony Electronics Inc., Sony Mobile
`Communications AB, Sony Mobile Communications (USA) Inc., LG Electronics,
`Inc., LG Electronics USA, Inc., and LG Electronics Mobilecomm USA, Inc.
`(collectively, “Petitioner”) requested a hearing in these proceedings. IPR2015-
`00159, Paper 40; IPR2015-00163, Paper 46. Specifically, Petitioner requested that
`we hold a consolidated hearing for these proceedings. IPR2015-00159,
`Paper 40, 1; IPR2015-00163, Paper 46, 1. Memory Integrity, LLC (“Patent
`Owner”) requested a consolidated hearing for these proceedings and IPR2015-
`00158, which involves the same challenged patent. IPR2015-00159 Paper 39, 1;
`IPR2015-00163 Paper 45, 1. In an email communication to the Board, Petitioner
`agreed to hold a consolidated hearing for these proceedings and IPR2015-00158.
`We grant the request for a consolidated hearing involving these proceedings and
`IPR2015-00158.
`The hearing will commence at 10:00 a.m. on February 8, 2016. Petitioner in
`these proceedings and the petitioner in IPR2015-00158 (collectively, “Petitioners”)
`will have 120 minutes of total argument time. Patent Owner will also have 120
`minutes of total argument time. The parties may use their allotted argument time
`as they choose, provided that the order of arguments presented will be as follows.
`Petitioners will proceed first to present their cases with regard to the
`challenged claims on which basis we instituted trial. Thereafter, Patent Owner
`may respond to Petitioners’ arguments. After that, Petitioners may present
`arguments responding to Patent Owner’s case regarding the original claims.
`Following the parties’ presentations on issues related to the original claims
`in the challenged patent, we will break for lunch. Following lunch, Patent Owner
`
`
`
`2
`
`

`
`IPR2015-00159 (Patent 7,296,121 B2)
`IPR2015-00163 (Patent 7,296,121 B2)
`
`will proceed first to present its case with regard to its motions to amend.
`Thereafter, Petitioners may use any unused portion of their 120 minutes to respond
`to Patent Owner’s arguments. After that, Patent Owner may use any unused
`portion of its 120 minutes to respond to Petitioners.
`The hearings will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. In-
`person attendance at the hearing will be accommodated on a first-come, first-
`served basis. The Board will provide a court reporter for the hearings, and the
`reporter’s transcripts will constitute the official record of the hearings.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`business days prior to the hearings. The parties shall confer with each other
`regarding any objections to demonstrative exhibits in each proceeding, and file
`demonstrative exhibits with the Board at least two business days prior to the
`hearing. For any issue that cannot be resolved after conferring with the opposing
`party, the parties may file jointly a one-page list of objections at least two business
`days prior to the hearing. The list should identify with particularity which
`demonstrative exhibits are subject to objection and include a short statement (no
`more than one sentence) of the reason for each objection. No argument or further
`explanation is permitted. We will consider the objections and schedule a
`conference call if necessary. Otherwise, we will reserve ruling on the objections
`until the hearing or after the hearing. Any objection to demonstrative exhibits that
`is not presented timely will be considered waived.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013) (Paper
`118), regarding the appropriate content of demonstrative exhibits. The parties are
`reminded that the presenter must identify clearly and specifically each
`
`
`
`3
`
`

`
`IPR2015-00159 (Patent 7,296,121 B2)
`IPR2015-00163 (Patent 7,296,121 B2)
`
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`hearings to ensure the clarity and accuracy of the reporter’s transcripts.
`The Board expects lead counsel for Petitioners and Patent Owner to be
`present at the hearings, although any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for a party will not be in
`attendance at the hearings, the Board should be notified via a joint conference call
`no later than two days prior to the hearings to discuss the matter.
`Requests for audio-visual equipment at the hearings are to be made five days
`in advance of the hearing date. The requests must be sent to Trials@uspto.gov. If
`the requests are not received timely, equipment may not be available on the day of
`the hearings. Further, if the parties have questions as to whether demonstrative
`exhibits would be sufficiently visible and available to all of the judges, the parties
`are invited to contact the Board at 571-272-9797.
`
`
`
`
`
`4
`
`

`
`IPR2015-00159 (Patent 7,296,121 B2)
`IPR2015-00163 (Patent 7,296,121 B2)
`
`PETITIONERS:
`W. Karl Renner
`Roberto J. Devoto
`FISH & RICHARDSON P.C.
`axf@fr.com
`IPR39521-007IP1@fr.com
`
`Walter E, Hanley, Jr.
`Zaed M. Billah
`KENYON & KENYON LLP
`whanley@keyon.com
`zbillah@kenyon.com
`
`PATENT OWNER:
`Jonathan D. Baker
`Michael D. Saunders
`Gurtej Singh
`FARNEY DANIELS PC
`jbaker@farneydaniels.com
`msaunders@farneydaniels.com
`tsingh@farneydaniels.com
`MemoryIntergrityIPR@farneydaniels.com
`
`
`
`
`
`
`5