Trials@uspto.gov Paper 31
`571-272-7822 Entered: May 18, 2020
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SNAP, INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`IPR2019-00714 (Patent 8,825,084 B2)
`IPR2019-00715 (Patent 8,326,327 B2)
`
`____________
`
`
`
`Before, MICHAEL R. ZECHER, MIRIAM L. QUINN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Setting Oral Hearing by Video
`37 C.F.R. § 42.70(a)
`
`
`
`
`
`
`571-272-7822 Entered: May 18, 2020
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SNAP, INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`IPR2019-00714 (Patent 8,825,084 B2)
`IPR2019-00715 (Patent 8,326,327 B2)
`
`____________
`
`
`
`Before, MICHAEL R. ZECHER, MIRIAM L. QUINN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Setting Oral Hearing by Video
`37 C.F.R. § 42.70(a)
`
`
`
`
`
`
`
`IPR2019-00714 (Patent 8,825,084 B2)
`IPR2019-00715 (Patent 8,326,327 B2)
`
`
`
`In the above-identified proceedings, we instituted inter partes review
`and issued a Scheduling Order setting the oral hearing on June 9, 2020, if
`oral hearing is requested by either party and granted by the Board. Both
`parties requested an oral hearing in this case, with Petitioner requesting 30
`minutes per side (Paper 27)1 and Patent Owner requesting 45 minutes per
`side (Paper 26). The parties’ requests for oral argument are granted.
`1. Remote Hearing Instructions
`Oral arguments will commence at 11 AM ET (10 AM CT, 9 AM MT,
`and 8 AM PT) on June 9, 2020, by video. The parties are directed to contact
`the Board at least 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.2
`To facilitate planning, each party must contact PTAB Hearings at
`(571) 272-9797 five business days prior to the oral hearing date to receive
`video set-up information. As a reminder, all arrangements and the expenses
`
`
`
`
` 1
`
` Papers filed in both captioned proceedings present the same time requests.
`Thus, for ease of reference, we cite to papers filed in IPR2019-00714.
`2 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`
`
`
`2
`
`
`
`IPR2019-00714 (Patent 8,825,084 B2)
`IPR2019-00715 (Patent 8,326,327 B2)
`
`
`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 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.
`2. Order and Manner of Presentation
`Each party will have forty-five (45) minutes of total time to present
`arguments for this proceeding. Because Petitioner bears the ultimate burden
`of proof that the challenged claims are unpatentable, Petitioner will proceed
`first to present its case as to the challenged claims and instituted grounds of
`unpatentability in this proceeding, and may reserve a small portion of its
`time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s case.
`After that, Petitioner may use the rest of its time for its rebuttal, responding
`to Patent Owner’s specific arguments presented at the oral hearing. If Patent
`Owner has reserved time for rebuttal and up to the time remaining, Patent
`Owner may present sur-rebuttal argument. No live testimony from any
`witness will be taken at the oral hearing.
`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
`3
`
`
`
`
`
`
`IPR2019-00714 (Patent 8,825,084 B2)
`IPR2019-00715 (Patent 8,326,327 B2)
`
`
`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. Opposing counsel may not interrupt counsel for the
`speaking party and any objections to the presentation of opposing counsel
`must be made during the counsel’s speaking time. The presiding judge will
`keep time and announce it as needed to maintain order.
`3. Filing of Demonstratives
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days prior to the hearing. The parties shall confer with
`each other regarding any objections to demonstrative exhibits, and file
`demonstrative exhibits with the Board, as a separate exhibit in accordance
`with 37 C.F.R. § 42.63, at least three business days prior to the hearing.
`4. Objections to Demonstratives
`Demonstrative exhibits are not evidence, but merely a visual aid at the
`oral hearing. 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
`file jointly a one-page list of objections at least three 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 short sentence) of the reason for each objection. No argument or further
`explanation is permitted.
`
`
`
`
`4
`
`
`
`IPR2019-00714 (Patent 8,825,084 B2)
`IPR2019-00715 (Patent 8,326,327 B2)
`
`
`
`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.
`5. Lead Counsel Present
`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.
`6. Special Requests
`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.
`
`7. Public Attendance
`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 business days
`prior to the oral hearing date.
`
`
`
`
`
`
`5
`
`
`
`IPR2019-00714 (Patent 8,825,084 B2)
`IPR2019-00715 (Patent 8,326,327 B2)
`
`
`
`
`For PETITIONER:
`
`Yar Chaikovsky (Lead Counsel)
`David Okano
`PAUL HASTINGS LLP
`yarchaikovsky@paulhastings.com
`davidokano@paulhastings.com
`
`
`For PATENT OWNER:
`
`Michal T. Hawkins (Lead Counsel)
`Nicholas Stephens
`Kenneth W. Darby
`Craig A. Deutsch
`Kim Leung
`FISH & RICHARDSON P.C.
`hawkins@fr.com
`nstephens@fr.com
`kdarby@fr.com
`deutsch@fr.com
`leung@fr.com
`
`Ognjen Zivojnovic
`Sam Stake
`Alex Wolinsky
`James M. Glass
`QUINN EMANUEL URQHART, & SULLIVAN, LLP
`ogizivojnovic@quinnemanuel.com
`samstake@quinnemanuel.com
`alexworlinsky@quinnemanuel.com
`jimglass@quinnemanuel.com
`
`
`
`
`
`
`6
`
`
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