Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 30
`Entered: November 28, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TCT MOBILE, INC. AND TCT MOBILE (US) INC.,
`Petitioner,
`v.
`WIRELESS PROTOCOL INNOVATIONS, INC.,
`Patent Owner.
`
`Cases IPR2016-01494, -01704, -01861, and -01865
`Patents 8,274,991 B2; 8,565,256 B2; and 9,125,051 B2
`
`
`
`
`
`
`
`
`
`Before KEVIN F. TURNER, MITCHELL G. WEATHERLY, and
`KAMRAN JIVANI, Administrative Patent Judges.
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`Inter partes review IPR2016-01494 was instituted on February 13,
`2107. IPR2016-01494, Paper 8. Inter partes review IPR2016-01704 was
`instituted March 3, 2017. IPR2016-01704, Paper 6. Inter partes reviews
`IPR2016-01861 and -01865 were instituted on March 24, 2017. Paper 8 in
`both proceedings. The date for the oral hearing in IPR2016-01494, -01704,
`-01861, and -01865, if granted pursuant to a request of a party, was set for
`
`
`Tel: 571-272-7822
`
`Paper 30
`Entered: November 28, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TCT MOBILE, INC. AND TCT MOBILE (US) INC.,
`Petitioner,
`v.
`WIRELESS PROTOCOL INNOVATIONS, INC.,
`Patent Owner.
`
`Cases IPR2016-01494, -01704, -01861, and -01865
`Patents 8,274,991 B2; 8,565,256 B2; and 9,125,051 B2
`
`
`
`
`
`
`
`
`
`Before KEVIN F. TURNER, MITCHELL G. WEATHERLY, and
`KAMRAN JIVANI, Administrative Patent Judges.
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`Inter partes review IPR2016-01494 was instituted on February 13,
`2107. IPR2016-01494, Paper 8. Inter partes review IPR2016-01704 was
`instituted March 3, 2017. IPR2016-01704, Paper 6. Inter partes reviews
`IPR2016-01861 and -01865 were instituted on March 24, 2017. Paper 8 in
`both proceedings. The date for the oral hearing in IPR2016-01494, -01704,
`-01861, and -01865, if granted pursuant to a request of a party, was set for
`
`
`
`IPR2016-01494, -01704, -01861, and -01865
`Patents 8,274,991 B2; 8,565,256 B2; and 9,125,051 B2
`December 7, 2017. IPR2016-01494, Paper 19; IPR2016-01704, Paper 16,
`Paper 9 in IPR2016-01861 and -01865. Both parties have requested oral
`hearing pursuant to 37 C.F.R. § 42.70. Papers 29 and 30 in IPR2016-01494
`and -01704; Papers 28 and 29 in IPR2016-01861; and Papers 26 and 27 in
`IPR2016-001865. Petitioner’s and Patent Owner’s requests for oral hearing
`are granted.
`The hearing will commence at 1:00 p.m., on December 7, 2017, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. 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 will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis.
`Each party will have ninety minutes to present arguments. Petitioner
`bears the ultimate burden of proof that Patent Owner’s claims at issue in this
`review are unpatentable. Petitioner will open the hearing by presenting its
`case regarding the challenged claims for which the Board instituted trial.
`Patent Owner will then respond to Petitioner’s argument. Petitioner may
`reserve time to respond to arguments presented by Patent Owner.
`Demonstrative exhibits in this proceeding are not evidence and are
`intended only to assist the parties in presenting their oral argument to the
`panel. Under 37 C.F.R. § 42.70(b), demonstrative exhibits shall be served
`on opposing counsel at least seven (7) business days before the oral hearing,
`and filed as an exhibit no later than the time of the oral hearing. The parties
`also shall provide a courtesy copy of any demonstrative exhibits to the
`Board at least three (3) business days prior to the oral hearing by emailing
`the exhibits to Trials@uspto.gov. The parties are directed to St. Jude
`
`2
`
`
`
`IPR2016-01494, -01704, -01861, and -01865
`Patents 8,274,991 B2; 8,565,256 B2; and 9,125,051 B2
`
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`of Michigan, IPR2013-00041 (PTAB January 27, 2015) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits, which
`must include citations to the record.
`If either party objects to demonstrative exhibits, the parties shall meet
`and confer in good faith to resolve any such objections. A party may file a
`paper addressing any unresolved objections to demonstrative exhibits with
`the Board no later than three (3) business days before the oral hearing. The
`paper shall include a single sentence per objection stating the basis for that
`objection and be accompanied by a copy of the allegedly objectionable
`demonstrative exhibit that identifies the objectionable portion of the exhibit
`with particularity. No further argument or explanation is permitted. We will
`consider the objections and, if we deem it necessary, we will further address
`the objections in a conference call or at the oral hearing. Otherwise, we will
`reserve ruling on the objections until after the oral hearing.
`The parties are reminded that 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 parties also should note that at least one member
`of the panel will be attending the oral hearing electronically from a remote
`location. Paper copies of the demonstrative exhibits may be submitted to the
`panel during the hearing but are not required. Because of limitations of the
`audio transmission systems in the hearing room, the presenter should speak
`only when standing at the hearing room lectern. If the parties have questions
`about whether demonstrative exhibits would be sufficiently visible to all of
`the judges, the parties are invited to contact the Board at (571) 272-9797.
`
`3
`
`
`
`IPR2016-01494, -01704, -01861, and -01865
`Patents 8,274,991 B2; 8,565,256 B2; and 9,125,051 B2
`Requests for audio-visual equipment are to be made no later than
`five (5) days in advance of the hearing date via email to Trials@uspto.gov.
`If the request is not received timely, the equipment may not be available on
`the day of the hearing.
`We expect lead counsel for each party to be present in person at the
`oral hearing. However, lead or backup counsel may present the party’s
`argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the panel no later than two (2) business days prior to the
`oral hearing to discuss the matter.
`
`4
`
`
`
`IPR2016-01494, -01704, -01861, and -01865
`Patents 8,274,991 B2; 8,565,256 B2; and 9,125,051 B2
`PETITIONER:
`John D. Zele
`Jeremy D. Peterson
`Bradford A. Cangro
`Leeger Yu
`Adam Brooke
`Alex Hanna
`Jacob Snodgrass
`MORGAN, LEWIS & BOCKIUS LLP
`john.zele@morganlewis.com
`jeremy.peterson@morganlewis.com
`bradford.cangro@morganlewis.com
`leeger.yu@morganlewis.com
`TCT-WPI-IPRs@morganlewis.com
`Alex.Hanna@morganlewis.com
`jacob.snodgrass@morganlewis.com
`
`PATENT OWNER:
`Richard E. Campbell
`Daniel Essig
`Robert H. Sloss
`Michael C. Jones
`Jonathan D. Cheng
`PROCOPIO, CORY, HARGREAVES & SAVITCH LLP
`richard.campbell@procopio.com
`dan.essig@procopio.com
`robert.sloss@procopio.com
`michael.jones@procopio.com
`jonathan.cheng@procopio.com
`
`
`5
`
`
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