`571–272–7822
`
`
`
`
`Paper 26
`Entered: May 4, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`BLACKBERRY LTD.,
`Patent Owner.
`_______________
`
`Case IPR2017-00911 (Patent 8,745,149 B2)
`Case IPR2017-00912 (Patent 8,745,149 B2)1
`_______________
`
`
`Before SALLY C. MEDLEY, ROBERT J. WEINSCHENK, and
`RICHARD H. MARSCHALL, 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 both 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.
`
`
`
`
`
`IPR2017-00911 (Patent 8,745,149 B2)
`IPR2017-00912 (Patent 8,745,149 B2)
`
`
`The Scheduling Orders for the above-listed cases set the date for the
`
`oral hearing as May 30, 2018. Paper 8, 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 May 30, 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. Petitioner bears the ultimate
`
`burden of proof that the claims under review in these cases are unpatentable.
`
`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 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 shall file the demonstrative exhibits with the Board at least five
`
`(5) business days prior to the hearing.
`
`
`2 We cite to the record in IPR2017-00911, unless otherwise noted.
`
`2
`
`
`
`IPR2017-00911 (Patent 8,745,149 B2)
`IPR2017-00912 (Patent 8,745,149 B2)
`
`
`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 are 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).
`
`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.
`
`
`
`
`
`3
`
`
`
`IPR2017-00911 (Patent 8,745,149 B2)
`IPR2017-00912 (Patent 8,745,149 B2)
`
`PETITIONER:
`
`Naveen Modi
`Joseph E. Palys
`Phillip W. Citroën
`John S. Holley
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`phillipcitroen@ paulhastings.com
`johnholley@paulhastings.com
`
`
`PATENT OWNER:
`
`Ching-Lee Fukuda
`Samuel A. Dillon
`SIDLEY AUSTIN LLP
`clfukuda@sidley.com
`samuel.dillon@sidley.com
`
`4
`
`
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