`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`ROKU, INC. and VIZIO, INC.,
`Petitioners,
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`__________
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941 B1
`
`____________________________________________________________
`
`PATENT OWNER’S REQUEST FOR ORAL HEARING
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`Patent Owner Ancora Technologies, Inc. (“Ancora”) hereby requests an oral
`
`hearing pursuant to 37 C.F.R. § 42.70 and the Board’s Scheduling Order dated
`
`February 22, 2022 (paper 11), the Board’s Decision Granting Requests for Changing
`
`Oral Hearing and Due Dates dated May 4, 2022 (paper 23), and the Parties’ Joint
`
`Stipulation to Modify Due Dates 2–4 dated June 13, 2022 (paper 28). Oral hearing
`
`is currently scheduled for October 3, 2022. (See paper 23.) Ancora requests that the
`
`hearing be held in-person at the Alexandria USPTO Headquarters, or alternatively
`
`that hearing be held virtually if so ordered by the Board. Ancora intends to discuss
`
`the issues raised in the parties’ filings in the ongoing reviews, including but not
`
`limited to, the following items:
`
`1.
`
`Any issue properly raised by Petitioner, including the Petition for Inter
`
`Partes Review and Reply in this proceeding, including the patentability of claims 1–
`
`3, 6–14, and 16 of U.S. Patent No. 6,411,941, titled “Method of Restricting Software
`
`Operation Within a License Limitation.”
`
`2.
`
`Any issues addressed by Ancora, including in Ancora’s Responses,
`
`Supplemental Response, and Sur-Replies.
`
`3.
`
`Rebuttal to issues properly raised by Petitioner, including in any
`
`Petition, Responses, Replies, motions to exclude or requests for oral argument.
`
`4.
`
`Any other issues related to invalidity that the Board deems necessary
`
`for issuing a final written decision.
`
`1
`
`
`
`Ancora requests that each side be given 45 minutes of total time to present its
`
`arguments. Ancora further requests that the oral hearing in this matter be
`
`consolidated with IPR2021-01338. Specifically, Ancora requests the sequence of
`
`argument to allow Petitioners in this case and in IPR2021-01338 to present their
`
`principal arguments (up to 45 minutes for each case), followed by Ancora’s rebuttal
`
`to both (up to 45 minutes for each case), followed by Petitioners’ respective sur-
`
`rebuttals (if time is reserved in one or both cases), followed by Ancora’s respective
`
`sur-sur-rebuttal. To be clear, Ancora requests time equal to the sum of time granted
`
`to Petitioners in this case and petitioner in IPR2020-01338. Given the similarity of
`
`issues in this case and IPR2021-01338, this sequencing would promote efficiency
`
`by avoiding repetition of arguments and ensure Petitioners in one or the other case
`
`do not get an unfair advantage based on observing Ancora’s arguments or the
`
`Board’s response thereto. Ancora proposed this arrangement to Petitioners, and they
`
`indicated that they oppose consolidating the hearings in this way. Ancora is available
`
`for a conference call with the Board at the Board’s convenience.
`
`Ancora also requests the ability to use audio/visual equipment to display
`
`demonstrative exhibits, including the use of a projector and screen for demonstrative
`
`slides.
`
`Dated: September 2, 2022
`
`Respectfully submitted,
`FITCH, EVEN, TABIN & FLANNERY LLP
`By: /David A. Gosse/
`
`
`
`2
`
`
`
`David A. Gosse
`Reg. No. 61,511
`dgosse@fitcheven.com
`Nicholas T. Peters
`Reg. No. 53,456
`ntpete@fitcheven.com
`Karen J. Wang
`Reg. No. 62,503
`kwang@fitcheven.com
`Fitch, Even, Tabin & Flannery LLP
`120 South LaSalle Street, Suite 2100
`Chicago, IL 60603
`(312) 577-7000
`(312) 577-7007 (fax)
`Attorneys for Patent Owner
`
`
`
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that on September 2, 2022, a complete and
`
`entire copy of the PATENT OWNER’S REQUEST FOR ORAL HEARING, was
`
`served via electronic mail to the attorneys listed below at their respective electronic
`
`mail addresses:
`
`Lead Counsel
`Jon Wright, Reg. No. 50,720
`jwright-PTAB@sternekessler.com
`(202) 772-8651
`STERNE, KESSLER, GOLDSTEIN & FOX
`P.L.L.C
`
`Back-up Counsel
`Lestin Kenton, Reg. No. 72,314
`lkenton-PTAB@sternekessler.com
`(202) 772-8594
`
`Dohm Chankong, Reg. No. 72,314
`dchankong-PTAB@sternekessler.com
`(202) 772-8529
`
`Richard A. Crudo, Reg. No. 65,245
`rcrudo-PTAB@sternekessler.com
`(202) 772-8575
`
`STERNE, KESSLER, GOLDSTEIN & FOX
`P.L.L.C
`
`
`
`Dated: September 2, 2022
`
`By:
`
`
`
`/David A. Gosse/
`David A. Gosse
`Reg. No. 61,511
`dgosse@fitcheven.com
`
`
`
`4
`
`
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