Trials@uspto.gov
`571.272.7822
`
`
`
`
`
` Paper No. 33
`Entered: November 22, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`SLING TV L.L.C., SLING MEDIA, L.L.C.,
`DISH NETWORK L.L.C., DISH TECHNOLOGIES L.L.C.,
`Petitioner,
`v.
`REALTIME ADAPTIVE STREAMING LLC,
`Patent Owner.
`____________
`
`IPR2018-013311 (Patent 8,867,610 B2)
`IPR2018-013422 (Patent 8,934,535 B2)
`____________
`
`
`Before KEVIN W. CHERRY, GARTH D. BAER, and
`NABEEL U. KHAN, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`ORDER3
`Granting the Petitioner’s Requests for Oral Hearing
`37 C.F.R. § 42.70
`
`
`1 ARRIS SOLUTIONS, INC., who filed a petition in IPR2019-00746 has
`been joined as petitioners in this proceeding.
`2 Google LLC, who filed a petition in IPR2019-00748, has been joined as a
`Petitioner in this proceeding. Comcast Cable Communications, LLC, who
`filed a petition in IPR2019-00760, has also been joined as a Petitioner in this
`proceeding.
`3 We issue one Order to be filed in each case. The parties are not authorized
`to use a multi-case caption.
`
`
`
`
`571.272.7822
`
`
`
`
`
` Paper No. 33
`Entered: November 22, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`SLING TV L.L.C., SLING MEDIA, L.L.C.,
`DISH NETWORK L.L.C., DISH TECHNOLOGIES L.L.C.,
`Petitioner,
`v.
`REALTIME ADAPTIVE STREAMING LLC,
`Patent Owner.
`____________
`
`IPR2018-013311 (Patent 8,867,610 B2)
`IPR2018-013422 (Patent 8,934,535 B2)
`____________
`
`
`Before KEVIN W. CHERRY, GARTH D. BAER, and
`NABEEL U. KHAN, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`ORDER3
`Granting the Petitioner’s Requests for Oral Hearing
`37 C.F.R. § 42.70
`
`
`1 ARRIS SOLUTIONS, INC., who filed a petition in IPR2019-00746 has
`been joined as petitioners in this proceeding.
`2 Google LLC, who filed a petition in IPR2019-00748, has been joined as a
`Petitioner in this proceeding. Comcast Cable Communications, LLC, who
`filed a petition in IPR2019-00760, has also been joined as a Petitioner in this
`proceeding.
`3 We issue one Order to be filed in each case. The parties are not authorized
`to use a multi-case caption.
`
`
`
`
`
`IPR2018-01331 (Patent 8,867,610 B2
`IPR2018-01342 (Patent 8,934,535 B2)
`Petitioner filed a request for an oral hearing in each of the above-
`captioned cases. Paper 31 (IPR2018-01331); Paper 35 (IPR2018-01342).
`Patent Owner filed a paper in each of the proceedings stating that no oral
`hearing was necessary because these proceedings should be terminated.
`Paper 32 (IPR2019-01331); Paper 36 (IPR2018-01342). Petitioner does not
`request a specific length of argument time. The requests for oral hearing are
`granted.
`The oral hearing will be held on Thursday, December 5, 2019, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia, commencing at 1:00 PM Eastern Time. There is a substantial
`overlap of issues between the two cases. Therefore, although the cases are
`not consolidated, the cases will be argued together and a single transcript
`created. Each party will have 45 minutes of total argument time for the two
`cases. The parties are responsible for allocating their argument time.
`Petitioner bears the ultimate burden of proof that the claims as
`challenged in the Petition are unpatentable. Thus, Petitioner will proceed
`first by presenting up to 45 minutes of argument with respect to the
`challenged claims. Patent Owner will follow with up to 45 minutes of
`responsive argument. Before commencing argument, either party may
`reserve time for rebuttal argument.
`The parties may only rely upon evidence that has been previously
`submitted in the proceeding and may only present arguments that have been
`previously made in the submitted papers. No new evidence or arguments
`may be presented at the hearing. The parties have not requested to present
`live testimony during the hearing; thus, live testimony will not be permitted.
`The arguments will be limited to patentability, and should not address the
`pending motions to terminate.
`
`2
`
`
`
`IPR2018-01331 (Patent 8,867,610 B2
`IPR2018-01342 (Patent 8,934,535 B2)
`Official Record
`The Board will provide a court reporter. A single transcript shall be
`created for both cases, and the reporter’s transcript shall constitute the
`official record of the oral argument.
`
`Pre-Hearing Conference Call
`Per the update to the Office Patent Trial Practice Guide, either party
`may request a pre-hearing conference call. Office Patent Trial Practice
`Guide, August 2018 Update, 83 Fed. Reg. 39,989 (Aug. 13, 2018) (found at
`the following link to the USPTO website: https://go.usa.gov/xU7GP)
`(“Practice Guide Update”). Requests for a pre-hearing conference must be
`made by November 30, 2019. To request such a conference, an email
`should be sent to Trials@uspto.gov. The email shall include several dates
`and times of availability for both parties that are generally no later than three
`business days prior to the oral argument and shall include a list of issues to
`be discussed during the conference. One of the issues that may be discussed
`is any objections to demonstrative exhibits, but the panel may reserve ruling
`on such objections until a later time. Please refer to the Practice Guide
`Update for more information about pre-hearing conference calls.
`
`Demonstrative Exhibits
`Demonstrative exhibits are not evidence and may not introduce new
`evidence or arguments. Demonstrative exhibits should be clearly marked as
`such. For example, each slide may be marked with the words
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer. Any
`demonstrative exhibit not served on a party or submitted to the Board may
`not be used during the hearing.
`
`3
`
`
`
`IPR2018-01331 (Patent 8,867,610 B2
`IPR2018-01342 (Patent 8,934,535 B2)
`At least five (5) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibits it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). Demonstrative exhibits should be
`filed at the Board no later than three (3) business days before the hearing.
`The parties must meet and confer in good faith to resolve any
`objections to the propriety of any demonstrative exhibit. Any objection that
`is not timely presented will be deemed waived. If any objections to
`demonstrative exhibits cannot be resolved, the objecting party may file a
`statement of objections with the Board at least three (3) business days
`before the hearing. The statement of objections should identify with
`particularity each demonstrative exhibit subject to objection and include a
`brief statement (no more than a few sentences) of the reason for such
`objection. No argument or further explanation is permitted. Nor is a party
`permitted to file a response to the statement of objections.
`The Board will consider the statement of objections and may schedule
`a conference call to discuss the objections or may discuss the objections
`during the pre-hearing conference call, if requested. Otherwise, the Board
`will reserve ruling on the objections until the time of the hearing. The
`parties are advised to limit objections to demonstrative exhibits to egregious
`violations that are prejudicial to the administration of justice. Generally, if
`the content of a slide cannot be readily associated with an argument made, or
`evidence referenced, in a substantive paper of record, the slide is
`inappropriate. Conversely, if the content of a slide can be readily associated
`with an argument made, or evidence referenced, in a substantive paper, it is
`proper. Ideally, parties should indicate on each slide where support may be
`found in a substantive paper and/or exhibit of record.
`
`4
`
`
`
`IPR2018-01331 (Patent 8,867,610 B2
`IPR2018-01342 (Patent 8,934,535 B2)
`At the beginning of the hearing, each party will provide the court
`reporter with a hard copy of any demonstrative exhibits. At least one judge
`on the panel will be attending the oral hearing from a remote location and
`may not be able to view the projection screen in the hearing room. Thus,
`during the hearing, counsel must identify clearly and specifically each
`demonstrative exhibit (e.g., by slide or screen number) referenced to ensure
`clarity and accuracy of the transcript.
`
`Public Access to the Hearing Room
`The oral hearing will be open to the public, and seating will be
`accommodated on a first-come, first-served basis. The parties are directed to
`refrain from disclosing any confidential information during the hearing or
`including any confidential information in a demonstrative exhibit. If the
`parties have any concern about disclosing confidential information, they
`must contact the Board at least three (3) business days before the hearing to
`discuss the matter.
`
`Attendance of Counsel
`The Board normally expects lead counsel for each party to be present
`in person at the oral hearing. However, we will permit parties to attend
`remotely. If either party expects that its lead counsel will not be attending
`the oral argument in person or would prefer to attend remotely, the parties
`should initiate a joint telephone conference with the Board no later than
`three (3) business days prior to the oral hearing to discuss the matter.
`
`Remote Viewing
`A party may request remote video attendance for one or more of its
`other attendees to view the hearing from any USPTO location. The
`available locations include the Texas Regional Office in Dallas, Texas; the
`
`5
`
`
`
`IPR2018-01331 (Patent 8,867,610 B2
`IPR2018-01342 (Patent 8,934,535 B2)
`Rocky Mountain Regional Office in Denver, Colorado; the Elijah J. McCoy
`Midwest Regional Office in Detroit, Michigan; and the Silicon Valley Office
`in San Jose, California. To request remote video viewing, a party must send
`an email message to Trials@uspto.gov at least eight (8) business days prior
`to the hearing, indicating the requested location and the number planning to
`view the hearing from the remote location. The Board will notify the parties
`if the request for video viewing is granted. Note that it may not be possible
`to grant the request due to the availability of resources.
`
`Special Equipment or Needs
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. A party may also indicate any special request related to
`appearing at an in-person oral hearing, such as a request to accommodate
`physical needs that limit mobility or visual or hearing impairments, and
`indicate how the PTAB may accommodate the special request. Any special
`request must be presented in a separate communication not less than
`five (5) business days before the hearing.
`It is hereby
`ORDERED that, subject to the procedures set forth above, Petitioner’s
`requests for oral hearing (IPR2018-01331, Paper 31); (IPR2018-01342,
`Paper 35) are granted; and
`FURTHER ORDERED that an oral hearing, conducted in accordance
`with the procedures set forth above, shall commence at 1:00 PM Eastern
`Time on December 5, 2019.
`
`
`
`6
`
`
`
`IPR2018-01331 (Patent 8,867,610 B2
`IPR2018-01342 (Patent 8,934,535 B2)
`
`For PETITIONER:
`Ruffin Cordell
`Adam Schartzer
`Brian Livedalen
`FISH & RICHARDSON P.C.
`cordell@fr.com
`shartzer@fr.com
`bvl@fr.com
`
`
`
`For PATENT OWNER:
`Philip Wang
`Kent Shum
`Neil Rubin
`Reza Mirzaie
`C. Jay Chung
`RUSS AUGUST & KABAT
`pwang@raklaw.com
`kshum@raklaw.com
`nrubin@raklaw.com
`rmirzaie@raklaw.com
`jchung@raklaw.com
`
`7
`
`
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