`
`
`
`Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 22
`Entered: February 22, 2017
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`VIRNETX INC.,
`Patent Owner.
`
`
`
`
`
`
`Cases IPR2016-00331 & IPR2016-00332
`Patent 8,504,696 B2
`
`
`
`
`
`
`Before MICHAEL P. TIERNEY, KARL D. EASTHOM, and
`STEPHEN C. SIU, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`ORDER1
`Trial Hearing
`35 U.S.C. § 326(a)(10) and 37 C.F.R. § 42.70
`
`
`1 This Trial Hearing Order applies to each case. The parties are not
`authorized to use this heading style.
`
`
`
`Cases IPR2016-00331 & IPR2016-00332
`Patent 8,504,696 B2
`
`
`
`Both parties have requested oral argument pursuant to 37 C.F.R.
`§ 42.70(a) in each of the above-captioned cases. See, e.g., IPR2016-00331,
`Papers 19 & 21. The requests are granted.
`As requested, each party will have 45 minutes total for its presentation
`for both cases. See id. Each party may divide its time among the two cases
`as desired. The oral hearing will commence at 10:00 AM Eastern Time, on
`Monday, March 27, 2017. The hearing 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. The hearing transcript will be entered in the record of each
`case.
`
`Petitioner bears the ultimate burden of proof that the challenged patent
`claims are unpatentable. Therefore, at the oral hearing, Petitioner will
`proceed first to present its case with respect to the challenged claims and
`grounds on which the Board instituted trial. Petitioner may reserve some of
`its time for rebuttal. Patent Owner then will respond to Petitioner’s initial
`presentation. Thereafter, Petitioner may use any time it has reserved to rebut
`Patent Owner’s presentation. On rebuttal, Petitioner will be restricted to
`only those matters raised by Patent Owner in its presentation.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing. The parties shall meet and
`confer to discuss and resolve any objections to demonstrative exhibits. Any
`party with unresolved objections must file a list of those objections with the
`
`2
`
`
`
`Cases IPR2016-00331 & IPR2016-00332
`Patent 8,504,696 B2
`
`Board at least two business days before the hearing. For each objection, the
`list must identify with particularity which portions of the demonstrative
`exhibits are subject to the objection and may include a short, one-sentence
`statement explaining the objection. No argument or further explanation is
`permitted. The Board will consider any objections and schedule a
`conference call if deemed necessary. Otherwise, the Board will reserve
`ruling on the objections. Any objection to demonstrative exhibits not timely
`presented will be considered waived.
`Each party also shall file its demonstrative exhibits with the Board as
`a separate exhibit at least two business days prior to the hearing. A hard
`copy of the demonstratives should be provided to the court reporter at the
`hearing. See CBS Interactive Inc. v. Wireless Sciences LLC, Case IPR2013-
`00033 (PTAB Oct. 23, 2013) (Paper 118) (for guidance regarding the proper
`content of demonstrative exhibits). Demonstrative exhibits do not constitute
`evidence and may not introduce new evidence or arguments. Instead,
`demonstrative exhibits should cite to evidence in the record. The presenter
`must identify clearly and specifically each demonstrative exhibit (e.g., by
`slide or screen number) referenced during the hearing to ensure the clarity
`and accuracy of the reporter’s transcript.
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. Requests for audio-visual equipment are to be made at
`least five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov by e-mail. Without a timely request, the equipment may
`not be available on the day of the hearing.
`
`
`3
`
`
`
`Cases IPR2016-00331 & IPR2016-00332
`Patent 8,504,696 B2
`
`PETITIONER:
`
`Jeffrey P. Kushan
`Thomas A. Broughan, III
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`tbroughan@sidley.com
`iprnotices@sidley.com
`
`PATENT OWNER:
`
`Joseph E. Palys
`Naveen Modi
`PAUL HASTINGS LLP
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`PH-VirnetX-IPR@paulhastings.com
`
`
`
`4
`
`
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