Trials@uspto.gov
`571.272.7822
`
`
` Paper No. 14
` Entered: April 28, 2020
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`IPR2019-00700 (Patent 8,406,116 B2)
` IPR2019-00701 (Patent 8,018,877 B2)1
`____________
`
`
`
`Before SALLY C. MEDLEY, JEFFREY S. SMITH, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order addresses the same issues in the inter partes reviews listed
`above. Therefore, we issue one Order to be filed in both cases. The parties,
`however, are not authorized to use this style of filing in subsequent papers.
`
`
`
`
`571.272.7822
`
`
` Paper No. 14
` Entered: April 28, 2020
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`____________
`
`IPR2019-00700 (Patent 8,406,116 B2)
` IPR2019-00701 (Patent 8,018,877 B2)1
`____________
`
`
`
`Before SALLY C. MEDLEY, JEFFREY S. SMITH, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This Order addresses the same issues in the inter partes reviews listed
`above. Therefore, we issue one Order to be filed in both cases. The parties,
`however, are not authorized to use this style of filing in subsequent papers.
`
`
`
`
`
`IPR2019-00700 (Patent 8,406,116 B2)
`IPR2019-00701 (Patent 8,018,877 B2)
`
`Petitioner and Patent Owner have each filed requests for oral hearing
`in the above captioned proceedings, pursuant to 37 C.F.R. § 42.70.
`IPR2019-00700, Papers 12, 13.2 The requests for oral hearing are granted
`according to the terms set forth in this Order. Based on overlapping issues
`presented in the proceedings, oral hearing for the two proceedings will be
`conducted in one session.
`
`The combined oral hearing will commence at 1:00 PM Eastern Time
`on May 21, 2020, by video. The parties are directed to contact the Board at
`least ten (10) 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.
`If at any time during the proceeding, 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
`(571) 272-9797 five (5) business days prior to the oral hearing date to
`receive video set-up information. As a reminder, all arrangements and the
`expenses involved with appearing by video, such as the selection of the
`facility to be used from which a party will attend by video, must be borne by
`that party. If a video connection cannot be established, the parties will be
`
`
`2 For convenience, we cite to papers in IPR2019-00700. Similar papers
`were filed in IPR2019-00701.
`3 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`IPR2019-00700 (Patent 8,406,116 B2)
`IPR2019-00701 (Patent 8,018,877 B2)
`
`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 telephone
`number five business days prior to the hearing to receive dial-in connection
`information.
`
`Each party will have forty-five (45) minutes of total time to present
`arguments in the above-identified proceedings. Petitioner will proceed first
`to present its case with regard to the challenged claims and grounds set forth
`in the Petitions. Thereafter, Patent Owner may respond to Petitioner’s case.
`Petitioner may use any of its remaining time for rebuttal regarding Patent
`Owner’s arguments regarding the challenged claims. And, thereafter, Patent
`Owner may use any of its remaining time for sur-rebuttal, to respond to
`Petitioner’s rebuttal arguments. The parties are reminded that arguments
`made during rebuttal and sur-rebuttal periods must be responsive to
`arguments the opposing party made in its immediately preceding
`presentation.
`
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). At least five (5) business days prior
`to the hearing, the parties shall file any demonstrative exhibits in this case.
`
`Demonstrative exhibits used at the oral hearing are aids to oral
`argument and not evidence. The Board expects the parties will meet and
`confer in good faith to resolve any objections to demonstrative exhibits. For
`any issue that cannot be resolved after conferring with the opposing party,
`the parties may email jointly to Trials@uspto.gov a one-page list of
`objections at least five (5) business days prior to the hearing. The list should
`
`3
`
`
`
`IPR2019-00700 (Patent 8,406,116 B2)
`IPR2019-00701 (Patent 8,018,877 B2)
`
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one short 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 Board generally expects lead counsel for each party to be present
`by video at the oral hearing. Any counsel of record may present the party’s
`argument as long as that counsel is present by video.
`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 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 (5) days before the
`hearing.
`The panel will have access to all papers filed with the Board,
`including demonstratives. During the oral hearing, the parties are advised to
`unmute yourself only when speaking, and 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.
`
`
`4
`
`
`
`IPR2019-00700 (Patent 8,406,116 B2)
`IPR2019-00701 (Patent 8,018,877 B2)
`
`Members of the public may request to listen in on this oral hearing. If
`resources are available, the Board generally expects to grant such requests.
`If either party objects to the Board granting such requests, for example,
`because confidential information may be discussed, the party must notify the
`Board by contacting PTABHearings@uspto.gov at least five (5) business
`days prior to the oral hearing date.
`It is
`ORDERED that oral argument will commence at 1:00 PM Eastern
`Time on May 21, 2020.
`
`
`
`
`5
`
`
`
`IPR2019-00700 (Patent 8,406,116 B2)
`IPR2019-00701 (Patent 8,018,877 B2)
`
`
`PETITIONER:
`
`Brian Erickson
`James M. Heintz
`DLA Piper LLP (US)
`brian.erickson@dlapiper.com
`Jim.heintz@dlapiper.com
`
`
`PATENT OWNER:
`
`Ryan Loveless
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`Etheridge Law Group
`ryan@etheridgelaw.com
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`
`
`
`
`6
`
`
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