`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`ROKU, INC. and VIZIO, INC.,
`Petitioner
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner
`_____________________
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`_____________________
`
`
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`Mail Stop “Patent Board”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`Pursuant to 37 C.F.R. § 42.70 and the Board’s February 22, 2022
`
`Scheduling Order (Paper 11), the May 4, 2022, Decision Dismissing Joint Motions
`
`to Consolidate as Moot (Paper 23),1 and the parties’ Notice of Joint Stipulation to
`
`Modify Trial Due Dates 2-4 (Paper 28), Petitioners Roku, Inc. and Vizio, Inc.
`
`(collectively, “Petitioner”) respectfully request oral argument in IPR2021-01406,
`
`which is currently scheduled for October 3, 2022. Petitioner believes that 60
`
`minutes is an appropriate argument time for each side at the oral hearing in this
`
`case.
`
`Petitioner specifies the following issues to be argued:
`
`• The unpatentability of claims 1, 2, 11, 13 U.S. Patent No. 6,411,941
`
`(“the ’941 patent”) as obvious over Hellman in view of Chou, and of
`
`claims 1-3, 6-14, and 16 of as obvious over Hellman and Chou, and in
`
`further view of Schneck;
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`• Patent Owner’s Objective Evidence of Non-Obviousness;
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`• Any issues identified in Patent Owner’s Request for Oral Argument;
`
`• Rebuttal to Patent Owner’s presentation on all matters;
`
`
`1 In the Board’s Decision, it determined that consolidation of this proceeding
`
`with IPR2021-01338, including oral argument, “would not provide efficiency.”
`
`Paper 23, at 4.
`
`
`
`- 1 -
`
`
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`• Any other issues raised in papers filed in this proceeding, including
`
`issues raised in papers yet to be filed, such as any Motions to Exclude
`
`and Oppositions to Motions to Exclude; and
`
`• Any other outstanding motions and pleadings, and other issues that
`
`the Board deems necessary for issuing a Final Written Decision.
`
`Petitioner recognizes that circumstances may require a telephonic hearing in
`
`light of the ongoing COVID-19 pandemic. In view of the Board’s recent
`
`guidance,2 Petitioner hereby requests an in-person oral argument. If the oral
`
`argument will be in person, Petitioner asks that it be held at USPTO headquarters
`
`in Alexandria, Virginia, as set forth in the original scheduling order (Paper 11, at
`
`7) and since Petitioner’s counsel is located in Washington, D.C. If the hearing is
`
`conducted in person, Petitioner also requests the ability to use audio-visual
`
`equipment to display possible demonstratives and exhibits, including the use of an
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`ELMO, computer, projector, and screen.
`
`
`
`
`
`
`2 Guidance issued June 23, 2022 available at
`
`https://www.uspto.gov/patents/ptab/hearings
`
`
`
`- 2 -
`
`
`
`
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jon E. Wright/
`
`Jon E. Wright
`Registration No. 50,720
`Counsel for Petitioner
`
`Date: September 2, 2022
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`- 3 -
`
`
`
`Case IPR2021-01406
`U.S. Patent No. 6,411,941
`CERTIFICATION OF SERVICE
`
`The undersigned hereby certifies that a true and correct copy of the
`
`foregoing PETITIONER’S REQUEST FOR ORAL ARGUMENT was served
`
`electronically via e-mail on September 2, 2022, in its entirety on the following
`
`counsel for Patent Owner:
`
`David A. Gosse (Lead Counsel)
`Nicholas T. Peters (Back-up Counsel)
`Karen J. Wang (Back-up Counsel)
`FITCH, EVEN, TABIN & FLANNERY LLP
`dgosse@fitcheven.com
`ntpete@fitcheven.com
`kwang@fitcheven.com
`ancora-ipr@fitcheven.com
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Jon E. Wright/
`
`Jon E. Wright
`Registration No. 50,720
`Counsel for Petitioner
`
`
`
`
`
`
`
`
`
`
`
`Date: September 2, 2022
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005
`(202) 371-2600
`
`
`
`18970035.1
`
`
`
`
`
`
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