`571–272–7822
`
`
`
`
`Paper 24
`Entered: December 19, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`FACEBOOK, INC. and INSTAGRAM LLC,
`Petitioner,
`
`v.
`
`SKKY, LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-00088 (Patent 9,124,718 B2)
`Case IPR2017-00089 (Patent 9,118,693 B2)
`Case IPR2017-00092 (Patent 9,124,717 B2)
` Case IPR2017-00097 (Patent 8,892,465 B2)1
`_______________
`
`
`Before JUSTIN T. ARBES, CARL M. DEFRANCO, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`1 This Order pertains to each of these cases. Therefore, we exercise our
`discretion to issue a single Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2017-00088 (Patent 9,124,718 B2)
`IPR2017-00089 (Patent 9,118,693 B2)
`IPR2017-00092 (Patent 9,124,717 B2)
`IPR2017-00097 (Patent 8,892,465 B2)
`
`
`The Scheduling Orders for the above-listed cases set the date for the
`oral hearing as January 11, 2018. Paper 10, 6.2 Each party requested an oral
`hearing pursuant to 37 C.F.R. § 42.70. Papers 22, 23. The parties’ requests
`for an oral hearing are granted.
`The hearing will commence at 1:00 PM ET on January 11, 2018, 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 sixty (60) minutes to present any
`arguments relating to the above-listed cases.3 Petitioner bears the ultimate
`burden of proof that the claims under review in these cases are unpatentable
`and bears the burden of proof on its motion to exclude. 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
`
`
`2 We cite to the record in IPR2017-00088.
`3 Patent Owner originally requested thirty (30) minutes for each of the
`above-listed cases. Paper 22, 1. However, in an email to the Board on
`December 7, 2017, Patent Owner stated that it agrees with Petitioner’s
`proposal that each party have a total of sixty (60) minutes for all of the
`above-listed cases in a consolidated hearing. Ex. 3001.
`
`2
`
`
`
`IPR2017-00088 (Patent 9,124,718 B2)
`IPR2017-00089 (Patent 9,118,693 B2)
`IPR2017-00092 (Patent 9,124,717 B2)
`IPR2017-00097 (Patent 8,892,465 B2)
`
`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
`these cases without prior authorization. The parties also should note that at
`least one member of the panel may be attending the hearing electronically
`from a remote location and that, if a demonstrative is not submitted by email
`prior to the hearing, it may not be fully available or visible to any judges
`attending remotely. The parties also should note that a panel member
`appearing remotely will not be able to hear the parties unless they speak into
`the microphone at the podium. If the parties have questions as to whether
`demonstrative exhibits would be sufficiently available and visible to all of
`the judges, the parties are invited to contact the Board.
`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 is 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).
`
`3
`
`
`
`IPR2017-00088 (Patent 9,124,718 B2)
`IPR2017-00089 (Patent 9,118,693 B2)
`IPR2017-00092 (Patent 9,124,717 B2)
`IPR2017-00097 (Patent 8,892,465 B2)
`
`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.
`
`
`
`4
`
`
`
`IPR2017-00088 (Patent 9,124,718 B2)
`IPR2017-00089 (Patent 9,118,693 B2)
`IPR2017-00092 (Patent 9,124,717 B2)
`IPR2017-00097 (Patent 8,892,465 B2)
`
`PETITIONER:
`
`Heidi L. Keefe
`Andrew C. Mace
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`
`
`PATENT OWNER:
`
`Ryan M. Schultz
`Andrew J. Kabat
`ROBINS KAPLAN LLP
`rschultz@robinskaplan.com
`akabat@robinskaplan.com
`
`5
`
`