`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`FITBIT, INC.,
`
`Petitioner,
`
`v.
`
`PHILIPS NORTH AMERICA LLC,
`
`Patent Owner.
`
`_______________
`
`Case IPR2020-007831
`Patent 7,088,233 B2
`_______________
`
`________________________________________
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`1 Garmin International, Inc., Garmin USA, Inc., and Garmin Ltd., who filed
`a petition in IPR2020-00910, has been joined as petitioner in this
`proceeding.
`
`
`
`
`
`IPR2020-00783
`
`
`Patent Owner Request
`for Oral Argument
`
`
`In accordance with 37 C.F.R. § 42.70(a) and the Scheduling Order dated
`
`October 27, 2020 (Paper 13), Patent Owner Philips North America LLC (“Philips”
`
`or “Patent Owner”) respectfully requests the opportunity to present oral argument
`
`on the issues identified in the Decision Instituting Inter Partes Review (Paper 15)
`
`(e.g., the alleged unpatentability of claims 1, 7-10, 13-16, 22, 24-25 of the ‘233
`
`patent (EX1001) based on Grounds 1-7), as presented in the Petition filed by Fitbit,
`
`Inc. (“Fitbit”) on April 8, 2020 in this proceeding (Paper 1); the Petition filed by
`
`Garmin International, Inc., Garmin USA, Inc., and Garmin Ltd. in IPR2020-00910
`
`(Paper 1); Patent Owner’s Response filed January 19, 2020 (Paper 17); Fitbit’s
`
`Reply filed April 13, 2021 (Paper 22); and Patent Owner’s Sur-Reply filed May 25,
`
`2021 (Paper 24). Patent Owner also requests oral hearing on any issues raised by
`
`Petitioner in any Request for Oral Hearing, any procedural or evidentiary issues
`
`raised by the parties, and any additional issues or questions raised by the Board or
`
`the parties before or during the oral argument.
`
`Patent Owner requests 60 minutes total to address all the issues involved in
`
`this proceeding. See PTAB Consolidated Trial Practice Guide, Nov. 2019 Ed., 81-
`
`82 (“Practice Guide”) (“The Board expects to ordinarily provide for an hour of
`
`argument per side for a single proceeding, but a party may request more or less time
`
`depending on the circumstances of the case.”). To the extent the Board schedules
`
`1
`
`
`
`IPR2020-00783
`
`
`Patent Owner Request
`for Oral Argument
`
`
`the hearing to last more than 120 minutes total, however, Patent Owner requests that
`
`it should be given half the length of the hearing to address these issues. Patent Owner
`
`also requests authorization to use audio/visual equipment and/or software to display
`
`demonstrative exhibits during the Oral Argument, e.g., via PowerPoint.
`
`Pursuant to the Scheduling Order, Philips understands that Oral Argument is
`
`currently scheduled for July 29, 2021 (Paper 13, Due Date 8).
`
`To the extent circumstances allow, Patent Owner requests to participate live,
`
`in-person at the Oral Argument. However, if the Office’s notice regarding oral
`
`hearings occurring after March 13, 2020 remains in effect, then Patent Owner is
`
`available to participate via remote video and/or telephonically.
`
`Date: June 15, 2021
`
`
`
`
`
`
`Respectfully submitted,
`
`/George C. Beck/
`George C. Beck
`Registration No. 38,072
`Counsel for Patent Owner
`
`
`
`2
`
`
`
`IPR2020-00783
`
`
`Patent Owner Request
`for Oral Argument
`
`
`CERTIFICATE OF SERVICE
`The undersigned certifies that copies of the foregoing Patent Owner Request
`
`for Oral Argument is being served on June 15, 2021, by filing this document through
`
`the Patent Trial and Appeal Board End-to-End (E2E) system as well as delivering
`
`copies via email to the following counsel for the Petitioners:
`
`Naveen Modi (PH-Fitbit-Philips-IPR@paulhastings.com)
`Yar R. Chaikovsky (PH-Fitbit-Philips-IPR@paulhastings.com)
`Joseph E. Palys (PH-Fitbit-Philips-IPR@paulhastings.com)
`David Beckwith (PH-Fitbit-Philips-IPR@paulhastings.com)
`David Okano (PH-Fitbit-Philips-IPR@paulhastings.com)
`Jennifer.Bailey@eriseip.com
`Adam.Seitz@eriseip.com
`PTAB@eriseip.com
`
`
`
`/George C. Beck /
`George C. Beck
`Registration No. 38,072
`Counsel for Patent Owner
`
`
`
`
`
`
`
`3
`
`
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