`Tel: 571-272-7822
`
`
`
`Paper 59
`Entered: February 3, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.
`Petitioner
`
`v.
`
`ACHATES REFERENCE PUBLISHING, INC.
`Patent Owner
`____________
`
`Case IPR2013-00080 (Patent 6,173,403)
`Case IPR2013-00081 (Patent 5,982,889)1
`
`
`
`
`
`
`Before HOWARD B. BLANKENSHIP, JUSTIN T. ARBES, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 This Order addresses an issue pertaining to both cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`
`
`Case IPR2013-00080 (Patent 6,173,403)
`Case IPR2013-00081 (Patent 5,982,889)
`
`
`
`
`Petitioner and Patent Owner requested a hearing pursuant to 37 C.F.R.
`
`§ 42.70(a) in each of the instant proceedings. IPR2013-00080, Papers 63,
`
`64; IPR2013-00081, Papers 54, 56. The requests are granted.
`
`Each party will have ninety (90) minutes of total time to present
`
`arguments. Petitioner bears the ultimate burden of proof that the challenged
`
`claims are unpatentable. Therefore, Petitioner will proceed first to present
`
`its case as to the challenged claims in Case IPR2013-00080, and may reserve
`
`rebuttal time. Patent Owner then will respond to Petitioner’s case in Case
`
`IPR2013-00080. After that, Petitioner may use rebuttal time to respond to
`
`Patent Owner’s presentation regarding Case IPR2013-00080. The same
`
`format will follow for Case IPR2013-00081. Because the two cases are
`
`related with some overlapping issues, the Board anticipates that the parties
`
`will use more of their total ninety-minute allotted time for Case
`
`IPR2013-00080.
`
`The hearing will commence at 2:00 PM Eastern Time on February 26,
`
`2014, and will be open to the public for in-person attendance on the ninth
`
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`In-person attendance will be accommodated on a first come, first served
`
`basis.
`
`The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five business days prior to the hearing. They shall be filed with the Board
`
`two business days prior to the hearing and the parties must initiate a
`
`conference call with the Board at least two business days prior to the hearing
`
`to resolve any dispute over the propriety of each party’s demonstrative
`
`
`
`2
`
`
`
`Case IPR2013-00080 (Patent 6,173,403)
`Case IPR2013-00081 (Patent 5,982,889)
`
`exhibits. The parties are directed to IPR2013-00033, Paper 118, dated
`
`
`
`October 23, 2013, regarding the appropriate content of demonstrative
`
`exhibits.
`
`The Board expects lead counsel for Petitioner and Patent Owner to be
`
`present at the hearing, although any backup counsel may make the actual
`
`presentation, in whole or in part. If lead counsel for either party will not be
`
`in attendance at the hearing, the Board should be notified via a joint
`
`conference call no later than two days prior to the hearing to discuss the
`
`matter.
`
`Finally, Petitioner in its papers requested authorization to use a
`
`projector and screen at the hearing for displaying demonstrative exhibits.
`
`The Board will make a projector and screen available for both parties to use.
`
`Questions regarding specific audio-visual equipment should be directed to
`
`the Board at (571) 272-9797.
`
`
`
`
`
`3
`
`
`
`
`
`Case IPR2013-00080 (Patent 6,173,403)
`Case IPR2013-00081 (Patent 5,982,889)
`
`PETITIONER:
`
`Jeffrey P. Kushan
`Joseph A. Micallef
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`jmicallef@sidley.com
`
`
`
`PATENT OWNER:
`
`Brad D. Pedersen
`PATTERSON THUENTE PEDERSEN, P.A.
`prps@ptslaw.com
`
`Jason Paul DeMont
`KAPLAN BREYER SCHWARTZ & OTTESEN
`jpdemont@kbsolaw.com
`
`4
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