Trials@uspto.gov Paper 34
`571-272-7822 Entered: June 24, 2020
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., INSTAGRAM, LLC, and WHATSAPP INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`IPR2019-00925
`Patent 8,209,634 B2
`
`____________
`
`
`
`Before, MIRIAM L. QUINN, GREGG I. ANDERSON, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Setting Oral Hearing by Video
`37 C.F.R. § 42.70(a)
`
`
`
`
`
`
`571-272-7822 Entered: June 24, 2020
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., INSTAGRAM, LLC, and WHATSAPP INC.,
`Petitioner,
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`IPR2019-00925
`Patent 8,209,634 B2
`
`____________
`
`
`
`Before, MIRIAM L. QUINN, GREGG I. ANDERSON, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Setting Oral Hearing by Video
`37 C.F.R. § 42.70(a)
`
`
`
`
`
`
`
`IPR2019-00925
`Patent 8,209,634 B2
`
`
`In the above-identified proceedings, we instituted inter partes review
`and issued a Scheduling Order setting the oral hearing on July 16, 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 33) and Patent Owner requesting 45 minutes per
`side (Paper 32). 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 July 16, 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.1
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov five 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
`
`
`
`
` 1
`
` For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`
`
`
`2
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`IPR2019-00925
`Patent 8,209,634 B2
`
`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 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
`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
`3
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`IPR2019-00925
`Patent 8,209,634 B2
`
`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.
`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.
`
`
`
`
`4
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`IPR2019-00925
`Patent 8,209,634 B2
`
`
`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. Arrangements should
`be made to limit any potential background noise.
`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.
`CONCLUSION
`In light of the foregoing, it is:
`ORDERED that, subject to the procedures set forth above, the parties’
`requests for oral hearing are granted; and
`FURTHER ORDERED that the oral hearing, conducted pursuant to
`the procedures outlined above, shall commence at 11 AM ET (10 AM CT, 9
`5
`
`
`
`
`
`
`IPR2019-00925
`Patent 8,209,634 B2
`
`AM MT, and 8 AM PT) on July 16, 2020 by video.
`
`
`
`
`6
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`IPR2019-00925
`Patent 8,209,634 B2
`
`
`For PETITIONER:
`
`Heidi Keefe
`Andrew Mace
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.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
`
`Ogi Zivojnovic
`Sam Stake
`James M. Glass
`QUINN EMANUEL URQHART, & SULLIVAN, LLP
`ogizivojnovic@quinnemanuel.com
`samstake@quinnemanuel.com
`jimglass@quinnemanuel.com
`
`
`
`
`
`
`7
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`
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