`Trials@uspto.gov
`Entered: June 20, 2016
`
`571–272–7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`VIRNETX INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-01009 (Patent 8,843,643 B2)
`Case IPR2015-01010 (Patent 8,843,643 B2)
`_______________
`
`
`
`Before KARL D. EASTHOM, ROBERT J. WEINSCHENK, and
`BETH Z. SHAW, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`ORDER1
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 We exercise our discretion to issue one identical order in each case using
`this caption style. Unless otherwise authorized, the parties are not permitted
`to use this style. This order cites to the record of the IPR2015-01009, unless
`otherwise noted.
`
`
`
`IPR2015-01009 (Patent 8,843,643 B2)
`IPR2015-01010 (Patent 8,843,643 B2)
`
`
`The Scheduling Orders for the above-listed cases set the date for the
`oral hearing as July 19, 2016. Paper 10, 6. Petitioner requests an oral
`hearing pursuant to 37 C.F.R. § 42.70. Paper 25. Patent Owner does not
`request an oral hearing, but indicates that it will participate if an oral hearing
`is held. Paper 26. Petitioner’s request for an oral hearing is granted.
`The hearing will commence at 10:00 AM ET on July 19, 2016, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The hearing will be open to the public for in-person attendance
`that 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.
`Each party will have a total of forty-five (45) minutes to present any
`arguments relating to the above-listed cases. Petitioner bears the ultimate
`burden of proof that the claims under review in these cases are unpatentable.
`Therefore, Petitioner will proceed first, and Patent Owner will follow.
`Petitioner may then use any time Petitioner reserved for rebuttal. The parties
`are reminded that the presenter must identify clearly and specifically any
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`hearing to ensure the clarity and accuracy of the reporter’s transcript and the
`ability of all judges to follow the presenter’s arguments.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least seven (7) business days prior to the hearing.
`The parties also shall provide the demonstrative exhibits to the Board at least
`two (2) business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this case without prior authorization. The parties are directed to St. Jude
`
`2
`
`
`
`IPR2015-01009 (Patent 8,843,643 B2)
`IPR2015-01010 (Patent 8,843,643 B2)
`
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`of Michigan, Case IPR2013-00041, Paper 65, 2–5 (PTAB Jan. 27, 2014), for
`guidance regarding the appropriate content of demonstrative exhibits.
`We expect the parties will meet and confer in good faith to resolve
`any objections to demonstrative exhibits. If such objections cannot be
`resolved, the parties must initiate a conference call with the Board at least
`two (2) business days prior to the hearing to resolve any objections to
`demonstrative exhibits. Any objection to demonstrative exhibits that are not
`timely presented at least two (2) business days prior to the hearing will be
`considered waived.
`We expect lead counsel for each party to attend the hearing. Office
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758 (Aug. 14, 2012).
`However, any counsel of record may present the party’s arguments. If either
`party anticipates that its lead counsel will not attend the hearing, the parties
`shall request and make themselves available for a conference call with the
`Board to occur no later than two (2) business days prior to the hearing to
`discuss the reasons for that lead counsel’s absence.
`Any requests regarding special equipment or needs, such as for
`audio/visual equipment, should be directed to Trials@uspto.gov. Requests
`for special equipment will not be honored unless presented in a separate
`communication directed to the identified email address not less than five (5)
`business days before the hearing.
`
`
`
`3
`
`
`
`IPR2015-01009 (Patent 8,843,643 B2)
`IPR2015-01010 (Patent 8,843,643 B2)
`
`PETITIONER:
`
`Jeffrey P. Kushan
`Scott M. Border
`Thomas A. Broughan III
`SIDLEY AUSTIN LLP
`IPRNotices@sidley.com
`sborder@sidley.com
`tbroughan@sidley.com
`
`
`
`PATENT OWNER:
`
`Joseph E. Palys
`Naveen Modi
`PAUL HASTINGS LLP
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`
`4
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