Trials@uspto.gov
` 571-272-7822
`
`
`
` IPR2017-00815, Paper 25
` IPR2017-00816, Paper 23
`IPR2017-00817, Paper 20
`IPR2017-00818, Paper 23
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`MAKOR ISSUES & RIGHTS LTD.,
`Patent Owner.
`_______________
`IPR2017-00815 (Patent 6,480,783 B1)1
`IPR2017-00816 (Patent 6,480,783 B1)
`IPR2017-00817 (Patent 6,480,783 B1)
`IPR2017-00818 (Patent 6,615,130 B2)
`_______________
`
`
`Before HYUN J. JUNG, BEVERLY M. BUNTING, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`
`ORDER
`ORAL HEARING
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This order addresses issues common to all cases; therefore, we issue a
`single order to be entered in each case. The parties are not authorized to use
`this style heading for any subsequent papers.
`
`
`
` 571-272-7822
`
`
`
` IPR2017-00815, Paper 25
` IPR2017-00816, Paper 23
`IPR2017-00817, Paper 20
`IPR2017-00818, Paper 23
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`MAKOR ISSUES & RIGHTS LTD.,
`Patent Owner.
`_______________
`IPR2017-00815 (Patent 6,480,783 B1)1
`IPR2017-00816 (Patent 6,480,783 B1)
`IPR2017-00817 (Patent 6,480,783 B1)
`IPR2017-00818 (Patent 6,615,130 B2)
`_______________
`
`
`Before HYUN J. JUNG, BEVERLY M. BUNTING, and
`ROBERT L. KINDER, Administrative Patent Judges.
`
`BUNTING, Administrative Patent Judge.
`
`
`ORDER
`ORAL HEARING
`37 C.F.R. § 42.70
`
`
`
`
`
`
`1 This order addresses issues common to all cases; therefore, we issue a
`single order to be entered in each case. The parties are not authorized to use
`this style heading for any subsequent papers.
`
`
`
`
`IPR2017-00815; IPR2017-00816;
`IPR2017-00817; IPR2017-00818
`
`
`We instituted the above-identified inter partes reviews. Paper 72.
`Both parties request oral hearing pursuant to 37 C.F.R. § 42.70 and also
`request that arguments be presented collectively for all four proceedings at
`the same time. Papers 21, 23. The requests are granted.
`Oral argument will commence at 10:00 AM ET on May 3, 2018.
`The hearing will be conducted at the USPTO Headquarters, Ninth
`Floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia, 22314 (Hearing Room A).3
`
`The hearing will be open to the public for in-person attendance, which
`will be accommodated on a first-come, first-served basis. If the parties have
`any concern about disclosing confidential information, they are requested to
`contact the Board at least seven days in advance of the hearing to discuss the
`matter.
`Each party will have sixty (60) minutes to present its arguments, for a
`total of 120 minutes. Petitioner bears the ultimate burden of proof that the
`claims at issue in these reviews are unpatentable. Therefore, at oral hearing
`Petitioner will proceed first to present its case with regard to the challenged
`claims and grounds on which basis we instituted trial. Petitioner may
`reserve a reasonable rebuttal time. Thereafter, Patent Owner will argue its
`opposition to Petitioner’s case. Petitioner may use any time Petitioner
`reserved to rebut Patent Owner’s opposition. Patent Owner may not reserve
`
`
`2 Paper numbers refer to IPR2017-00815.
`3 See https://www.uspto.gov/about-us/uspto-locations/alexandria-virginia-
`headquarters for additional information.
`
`2
`
`
`
`IPR2017-00815; IPR2017-00816;
`IPR2017-00817; IPR2017-00818
`
`rebuttal time. No live testimony from any witness will be taken at the oral
`argument. Also, the parties are reminded that, at the oral argument, they
`“may rely upon evidence that has been previously submitted in the
`proceeding and may only present arguments relied upon in the papers
`previously submitted.” Office Patent Trial Practice Guide, 77 Fed. Reg.
`48,756, 48,768 (Aug. 14, 2012). “No new evidence or arguments may be
`presented at the oral argument.” Id.
`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 this proceeding.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served on
`opposing party seven (7) business days prior to the hearing. The parties
`shall submit a courtesy copy of any demonstrative exhibits by email to
`Trials@uspto.gov at least five (5) business days prior to the hearing. After
`meeting and conferring to address any objections to demonstratives, the
`parties must file any objections to the demonstratives with the Board at least
`three (3) business days before the hearing. The objections should identify
`with particularity which demonstratives are subject to objection, and include
`a short (one sentence or less) statement of the reason for each objection. No
`argument or further explanation is permitted. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. Additionally, the Board expects that the parties will meet and
`confer in good faith to resolve any objections to demonstrative exhibits, but
`if such objections cannot be resolved, the parties are directed to notify the
`Board by email no later than two (2) business days prior to the hearing to
`
`3
`
`
`
`IPR2017-00815; IPR2017-00816;
`IPR2017-00817; IPR2017-00818
`
`resolve any dispute over the propriety of each party’s demonstrative
`exhibits. The parties are responsible for requesting such a conference
`sufficiently in advance of the hearing to accommodate this requirement. The
`Board asks the parties to confine demonstrative exhibit objections to those
`identifying egregious violations that are prejudicial to the administration of
`justice. The parties may refer to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033 (PTAB October 23, 2013) (Paper 118), and
`St. Jude Medical, Cardiology Div., Inc. v. The Board of Regents of the
`University of Michigan, IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65)
`regarding the appropriate content of demonstrative exhibits.
`At least one member of the panel will be attending the hearing
`electronically from a remote location and will only have access to the
`courtesy copy of the demonstratives provided in advance, as referenced
`above, and will not be able to view the projection screen in the hearing
`room. Thus, if a demonstrative exhibit is not made available in advance or
`visible to the judge(s) presiding over the hearing remotely, that
`demonstrative exhibit will not be helpful. The parties are reminded that each
`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 and for the benefit of the
`judge(s) presiding over the hearing remotely. A hard copy of the
`demonstratives, if used, may be provided to the court reporter at the hearing.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Lead or backup counsel, however, may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`
`4
`
`
`
`IPR2017-00815; IPR2017-00816;
`IPR2017-00817; IPR2017-00818
`
`attending the oral argument, the parties should request a joint telephone
`conference with the Board no later than two (2) business days prior to the
`oral hearing to discuss the matter.
`Specific requests for video equipment should be directed to
`Trials@uspto.gov at least five (5) days in advance of the hearing date. If
`the request is not received timely, the equipment may not be available on the
`day of the hearing. Questions regarding specific audio-visual equipment
`should be directed to the Board at (571) 272-9797.
`
`It is
`ORDERED that oral argument will commence at 10:00 AM ET on
`May 3, 2018 at the USPTO Headquarters, Alexandria, Virginia.
`
`
`
`
`
`
`5
`
`
`
`IPR2017-00815; IPR2017-00816;
`IPR2017-00817; IPR2017-00818
`
`For PETITIONER:
`Michael T. Hawkins
`Patrick J. Bisenius
`Andrew Dommer
`hawkins@fr.com
`bisenius@fr.com
`dommer@fr.com
`
`Michael A. Berta
`michael.berta@apks.com
`
`
`For PATENT OWNER:
`
`Ronald Abramson
`Ari Jaffess
`M. Michael Lewis
`ronald.abramson@lewisbaach.com
`ari.jaffess@lewisbaach.com
`michael.lewis@lewisbaach.com
`
`
`
`
`
`6
`
`
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