`Tel: 571-272-7822
`
`
`Paper 55
`Entered: June 22, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`APPLE INC.,
`Petitioner,
`v.
`ANDREA ELECTRONICS CORP.,
`Patent Owner.
`_______________
`
`IPR2017-00626
`Patent 6,363,345 B1
`_______________
`
`
`Before MICHAEL R. ZECHER, JEREMY M. PLENZLER, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`
`PLENZLER, Administrative Patent Judge.
`
`
`
`
`
`
`
`ORDER
`Conduct of the Proceeding—Remand Briefing
`37 C.F.R. § 42.5(a)
`
`
`
`
`
`IPR2017-00626
`Patent 6,363,345 B1
`
`
`This case is before us on remand from the U.S. Court of Appeals for
`the Federal Circuit. Andrea Elecs. Corp. v. Apple Inc., No. 2021-1248, 2022
`WL 1197341 (Fed. Cir. Apr. 22, 2022). On June 22, 2022, the panel held a
`conference call with counsel for Apple, Inc. (“Petitioner”) and Andrea
`Electronics Corp. (“Patent Owner”) to discuss the procedure and schedule on
`remand.
`As indicated in an email correspondence to the Board, and discussed
`during the call, Patent Owner and Petitioner proposed multiple rounds of
`briefing. Patent Owner also proposed an oral hearing, whereas Petitioner
`indicated that an oral hearing was unnecessary. During the call, the parties
`explained that the purpose of the proposed briefing was to identify the
`portions of the existing record that are relevant to the sole issue on remand—
`namely, whether Petitioner has presented sufficient argument and evidence
`to support a motivation to combine the teachings of Hirsch (Ex. 1005) and
`Martin (Ex. 1006) with respect to claims 6–9. We agreed that a summary of
`the relevant portions of the record would be useful to address this issue.
`Rather than authorize additional briefing, however, we authorized
`Patent Owner and Petitioner to simultaneously provide a citation list
`identifying portions of the record relevant to the sole issue on remand. To
`be clear, that listing should consist solely of an identification of a relevant
`Paper or Exhibit number currently in the record, followed by an
`identification of the relevant portions of that document (e.g., page or
`paragraph number). The listing should not be accompanied by any
`explanation. If any additional detail is required, the panel will request that
`information from the party.
`
`
`
`2
`
`
`
`IPR2017-00626
`Patent 6,363,345 B1
`
`
`During the call, the parties agreed that two weeks was sufficient time
`for the listing noted above. We also noted during the call that we do not see
`a need for an oral argument at this time.
`
`ORDER
`Petitioner and Patent Owner are each authorized to file a listing of
`relevant portions of the record consistent with the instructions outlined
`above by July 11, 2022.
`
`For PETITIONER:
`
`Jeffrey Kushan
`Steven Baik
`Thomas Broughan
`SIDLEY AUSTIN LLP
`jkushan@sidley.com
`sbaik@sidley.com
`tbroughan@sidley.com
`
`For PATENT OWNER:
`
`William Belanger
`Andrew Schultz
`Griffin Mesmer
`Frank Liu
`PEPPER HAMILTON LLP
`belangerw@pepperlaw.com
`schultza@pepperlaw.com
`mesmerg@pepperlaw.com
`luif@pepperlaw.com
`
`Andrew Zappia
`TROUTMAN PEPPER
`andrew.zappia@troutman.com
`
`
`
`
`3
`
`
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