Paper 24
`
`Trials@uspto.gov
`Date: January 10, 2018
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., SNAP INC., FACEBOOK, INC., and WHATSAPP, INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`
`
`
`Patent Owner.
`
`____________
`
`Case IPR2017-00221 (Patent 7,535,890 B2)1
`Case IPR2017-00222 (Patent 8,243,723 B2)
`Case IPR2017-00225 (Patent 8,995,433 B2)
`
`____________
`
`
`Before JENNIFER S. BISK, MIRIAM L. QUINN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`1 Snap Inc., who filed petitions in Cases IPR2017-01611 and IPR2017-01612, has
`been joined as a petitioner in Cases IPR2017-00221 and IPR2017-00225.
`Facebook, Inc. and WhatsApp, Inc., who filed petitions in Cases IPR2017-01634,
`IPR2017-01635, and IPR2017-01636, have been joined as petitioners in Cases
`IPR2017-00221, IPR2017-00222, and IPR2017-00225.
`
`
`
`Trials@uspto.gov
`Date: January 10, 2018
`
`571-272-7822
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC., SNAP INC., FACEBOOK, INC., and WHATSAPP, INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC. and UNILOC LUXEMBOURG S.A.,
`
`
`
`Patent Owner.
`
`____________
`
`Case IPR2017-00221 (Patent 7,535,890 B2)1
`Case IPR2017-00222 (Patent 8,243,723 B2)
`Case IPR2017-00225 (Patent 8,995,433 B2)
`
`____________
`
`
`Before JENNIFER S. BISK, MIRIAM L. QUINN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`1 Snap Inc., who filed petitions in Cases IPR2017-01611 and IPR2017-01612, has
`been joined as a petitioner in Cases IPR2017-00221 and IPR2017-00225.
`Facebook, Inc. and WhatsApp, Inc., who filed petitions in Cases IPR2017-01634,
`IPR2017-01635, and IPR2017-01636, have been joined as petitioners in Cases
`IPR2017-00221, IPR2017-00222, and IPR2017-00225.
`
`
`
`IPR2017-00221 (Patent 7,535,890 B2)
`IPR2017-00222 (Patent 8,243,723 B2)
`IPR2017-00225 (Patent 8,995,433 B2)
`
`
`
`
`
`
`The parties have requested an oral hearing in each of these proceedings
`pursuant to 37 C.F.R. § 42.70. See IPR2017-00221, Papers 22, 23; IPR2017-
`00222, Papers 18, 19; IPR2017-00225, Papers 19, 20. We grant the parties’
`request.
`The consolidated hearing for these proceedings will commence at 12:00 PM
`Eastern Time (11 AM Central Time), on February 8, 2018. Each party will have
`one hour of total argument time. Petitioner bears the ultimate burden of proof that
`the claims at issue in this review are unpatentable. Therefore, Petitioner Apple will
`proceed first to present its case with regard to the challenged claims on which we
`instituted trial. Thereafter, Patent Owner will respond to Petitioner’s case. After
`that, Petitioner Apple will make use of the rest of its time responding to Patent
`Owner’s specific arguments presented at the hearing. There are no motions to
`amend or other motions to be addressed at the hearing, and no rebuttal time will be
`allotted to Patent Owner. No live testimony from any witness will be taken at the
`oral argument.
`The hearing will be conducted at the Texas Regional Office in Room 155,
`first floor of 207 S. Houston Street, Dallas Texas 75202.2 The hearing will be
`open to the public for in-person attendance, which will be accommodated on a
`first-come, first-served basis. The parties are advised that the hearing room has
`limited capacity. Therefore, to facilitate access to the regional-office hearing
`room, each party is asked to email the Board (Trials@uspto.gov), at least five
`business days prior to the hearing, indicating the number of attendees for its side
`
`
`2 Information concerning the Texas Regional Office can be found in the USPTO
`website at http://www.uspto.gov/about-us/uspto-locations/dallas-texas.
`2
`
`
`
`
`
`
`IPR2017-00221 (Patent 7,535,890 B2)
`IPR2017-00222 (Patent 8,243,723 B2)
`IPR2017-00225 (Patent 8,995,433 B2)
`
`
`(attorneys and others). If the parties have concerns about disclosing confidential
`information, they are requested to contact the Board at least ten business days in
`advance of the hearing to discuss the matter.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least
`seven business days before the hearing. The parties shall confer regarding any
`objections to demonstrative exhibits, and file demonstrative exhibits with the
`Board, as a separate exhibit in accordance with 37 C.F.R. § 42.63, at least five
`business days prior to the hearing.
`Demonstrative exhibits are not evidence, but merely visual aids for use at the
`oral hearing. For any issue regarding the proposed demonstrative exhibits that
`cannot be resolved after conferring with the opposing party, the parties may file
`jointly a one-page list of objections at least five business days prior to the hearing.
`The list should identify with particularity which demonstrative exhibits are subject
`to objection and include a short statement (no more than one concise sentence) of
`the reason for each objection. No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call, if necessary,
`to discuss them. Otherwise, we may strike demonstratives that we find
`objectionable or reserve ruling on the objections until the hearing or after the
`hearing. Any objection to demonstrative exhibits that is not presented timely will
`be considered waived. Each party also shall provide a hard copy of its
`demonstrative exhibits to the court reporter at the hearing.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number and by
`content) referenced during each hearing to ensure the clarity and accuracy of the
`reporter’s transcript. Further, because a consolidated hearing will be conducted for
`
`3
`
`
`
`
`
`
`IPR2017-00221 (Patent 7,535,890 B2)
`IPR2017-00222 (Patent 8,243,723 B2)
`IPR2017-00225 (Patent 8,995,433 B2)
`
`
`three proceedings, if an argument and/or evidence applies only to a particular
`proceeding or proceedings, the presenter must identify the proceeding or
`proceedings, to which that argument and/or evidence applies. The parties also
`should note that Judge Jennifer Bisk (Alexandria) and Judge Charles Boudreau
`(San Jose) will be attending each hearing electronically and will only have access
`to the courtesy copy of the demonstratives provided in advance, as referenced
`above. If a demonstrative is not made available to the Board in the manner
`indicated above, that demonstrative may not be available to each of the judges
`during the hearing and may not be considered. Further, images projected, using
`audio visual equipment in Dallas, will not be visible to Judges Bisk and Boudreau.
`Because of limitations on the audio transmission systems in our hearing rooms, the
`presenter may speak only when standing at the hearing room podium. If the parties
`have questions as to whether demonstrative exhibits would be sufficiently visible
`and available to all of the judges, the parties are invited to contact the Board at
`(571) 272-9797.
`The Board expects lead counsel for each party to be present at oral hearing,
`although any backup counsel may make the actual presentation, in whole or in part.
`If lead counsel for either party is unable to attend the oral argument, the Board
`should be notified via a joint telephone conference call no later than five business
`days prior to the oral hearing to discuss the matter.
`The Board will provide a court reporter for each hearing, and the reporter’s
`transcript will constitute the official record of the hearing. The reporter’s transcript
`will be entered in the record of the proceedings.
`Requests for audio-visual equipment or special accommodations at the
`hearing are to be made five days in advance of the hearing date. The requests must
`
`4
`
`
`
`
`
`
`IPR2017-00221 (Patent 7,535,890 B2)
`IPR2017-00222 (Patent 8,243,723 B2)
`IPR2017-00225 (Patent 8,995,433 B2)
`
`
`be sent to Trials@uspto.gov. If the requests are not received timely, equipment or
`accommodations may not be available on the day of the hearing.
`
`
`For PETITIONER:
`Jason D. Eisenberg
`Michael D. Specht
`Zhu He
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jasone-PTAB@skgf.com
`mspecht-PTAB@skgf.com
`zhe-PTAB@skgf.com
`
`For PATENT OWNER:
`Brett Mangrum
`Ryan Loveless
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`
`Sean D. Burdick
`UNILOC USA, INC.
`sean.burdick@unilocusa.com
`
`5
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
