`571-272-7822
`
`Date Entered: April 18, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`VIRNETX INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00810 (Patent 8,868,705 B2)
`Case IPR2015-00811 (Patent 8,868,705 B2)
`Case IPR2015-00812 (Patent 8,850,009 B2) 1
`_______________
`
`
`
`Before KARL D. EASTHOM, JENNIFER S. BISK, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5(a)(1)
`
`
`
`
`1 This Order addresses issues that are identical in all cases. The parties are
`not authorized to use this style heading for any subsequent papers.
`
`
`
`
`
`IPR2015-00810 (Patent 8,868,705)
`IPR2015-00811 (Patent 8,868,705)
`IPR2015-00812 (Patent 8,850,009)
`
`
`
`
`I. INTRODUCTION
`
`
`
`In an email dated April 12, 2016, Petitioner, Apple Inc., asked that we
`
`change the final hearing date of June 8, 2016, set in the Scheduling Order
`
`(SO, Paper 9, 6) 2 to June 13 or 14, 2016. In our Order (Paper 32) dated
`
`April 13, 2016, we authorized Petitioner to file a motion to change the
`
`hearing date.
`
`In an email dated April 16, 2016, Petitioner’s counsel asked to
`
`withdraw the request to adjust the date of the oral hearing. Petitioner also
`
`requests authorization to proceed with the oral hearing without the presence
`
`of lead counsel at the hearing. Petitioner’s counsel has contacted Patent
`
`Owner, and Patent Owner does not oppose Petitioner withdrawing its request
`
`to move the hearing date.
`
`Patent Owner had previously agreed to have backup counsel argue at
`
`the hearing date.
`
`II. DISCUSSION
`
`At Petitioner’s request, we vacate the Order authorizing the filing of a
`
`motion to change the hearing date.
`
`Upon the agreement of Patent Owner, backup counsel may argue at
`
`the final hearing for Petitioner. Mr. Scott M. Border is admitted pro hac
`
`vice under 37 C.F.R. § 42.10(c) and is not a registered practitioner. See
`
`
`2
` Unless otherwise noted, we refer to the papers in IPR2015-00811.
`
`2
`
`
`
`
`IPR2015-00810 (Patent 8,868,705)
`IPR2015-00811 (Patent 8,868,705)
`IPR2015-00812 (Patent 8,850,009)
`
`
`
`Paper 14. Mr. Thomas A. Broughan, III is a registered practitioner. See
`
`
`
`Paper 2. Both Mr. Border and Mr. Broughan are backup counsel.
`
`Rule 42.10(c), cited above for pro hac vice admission, requires that
`
`lead counsel be a registered practitioner. In the absence of lead counsel,
`
`because Mr. Broughan is a registered practitioner, he must be present at
`
`the hearing. However, Mr. Border may make Petitioner’s argument. If
`
`Mr. Broughan makes Petitioner’s argument, Mr. Border need not be present.
`
`ORDERED that our Order (Paper 32) is vacated;
`
`III. ORDER
`
`FURTHER ORDERED that backup counsel, Mr. Border or
`
`Mr. Broughan may argue on behalf of Petitioner at the final hearing on the
`
`condition that Mr. Border may argue only if Mr. Broughan is present; and
`
`FURTHER ORDERED that a copy of this Order shall be filed in
`
`IPR2015-00810, IPR2015-00811, and IPR2015-00812.
`
`
`
`3
`
`
`
`
`
`
`IPR2015-00810 (Patent 8,868,705)
`IPR2015-00811 (Patent 8,868,705)
`IPR2015-00812 (Patent 8,850,009)
`
`
`For Petitioner:
`
`
`
`Jeffrey Kushan
`IPRNotices@sidley.com
`
`Thomas A. Broughan, III
`tbroughan@sidley.com
`
`
`
`For Patent Owner:
`
`Joseph Palys
`josephpalys@paulhastings.com
`
`Naveen Modi
`naveenmodi@paulhastings.com
`
`Jason Stach
`Jason.stach@finnegan.com
`
`
`
`4
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