Trials@uspto.gov
`571-272-7822
`
`
`Paper 27
`Entered: April 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMAZON.COM, INC., AMAZON DIGITAL SERVICES, INC.,
`AMAZON FULFILLMENT SERVICES, INC., HULU, LLC,
`and NETFLIX, INC,
`Petitioner,
`
`v.
`
`UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`____________
`
`Case IPR2017-00948
`Patent 8,566,960 B2
`____________
`
`
`Before DAVID C. MCKONE, BARBARA A. PARVIS, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`571-272-7822
`
`
`Paper 27
`Entered: April 10, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMAZON.COM, INC., AMAZON DIGITAL SERVICES, INC.,
`AMAZON FULFILLMENT SERVICES, INC., HULU, LLC,
`and NETFLIX, INC,
`Petitioner,
`
`v.
`
`UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`____________
`
`Case IPR2017-00948
`Patent 8,566,960 B2
`____________
`
`
`Before DAVID C. MCKONE, BARBARA A. PARVIS, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`MCKONE, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`IPR2017-00948
`Patent 8,566,960 B2
`The Scheduling Order set May 8, 2018, as the date for oral argument,
`if requested by the parties and granted by the Board. Paper 11. Both
`Petitioner and Patent Owner have requested oral argument. Papers 25, 26.
`Patent Owner requests 30 minutes per side to present arguments. Paper 25,
`2. Petitioner requests 45 minutes per side. Paper 26, 2.
`The parties’ requests for oral argument are granted. Oral arguments
`will commence at 1:30 pm Eastern Time on May 8, 2018, on the ninth floor
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia.1 Each
`party is allotted forty-five (45) minutes total to present its case. Petitioner
`will open the hearing by presenting its arguments regarding the challenged
`claims for which the Board instituted trial. Petitioner may reserve time for
`rebuttal arguments. Patent Owner will then respond to Petitioner’s
`arguments and present arguments regarding its Motion to Amend. Petitioner
`may then present rebuttal arguments and respond to Patent Owner’s
`arguments regarding its Motion to Amend. Patent Owner may then present
`rebuttal arguments regarding its Motion to Amend only. No other
`arguments or motions may be presented.
`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 will be open to the public via in-person attendance on a first-come,
`first-served basis.
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`
`
`1 Patent Owner requests that the argument be held in Dallas, Texas. Paper
`25, 2. The Board considers the parties’ preference as well as the availability
`of hearing room resources and the panel’s needs in setting the hearing
`location. In this case, no judge is available in Dallas, Texas.
`
`2
`
`
`
`IPR2017-00948
`Patent 8,566,960 B2
`the hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to work
`out any objections to demonstratives prior to involving the Board. At least
`two (2) business days prior to the hearing, the parties shall file the
`demonstrative exhibits with the Board. See id. The parties are directed to
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014)
`(Paper 65), for guidance regarding the appropriate content of demonstrative
`exhibits. The parties must initiate a conference call with the Board at least
`two business days before the hearing to present any objection regarding the
`propriety of any demonstrative exhibit. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. As
`demonstrative exhibits are not themselves evidence, 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 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. The parties also should note that at least one member
`of the panel will be attending the hearing electronically from a remote
`location and that if a demonstrative is not filed or otherwise made fully
`available or visible to the judge presiding over the hearing, that
`demonstrative will not be considered. The parties also should note that a
`panel member appearing remotely might 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 visible
`and available to all of the judges, the parties are invited to contact the Board
`at (571) 272-9797.
`
`3
`
`
`
`IPR2017-00948
`Patent 8,566,960 B2
`The Board expects lead counsel for each party to be present in person
`at the hearing. If a party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter. Any counsel of record, however, may present
`the party’s argument.
`The parties are reminded to direct their requests for audio-visual
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`honored unless presented in a separate communication directed to the above
`email address not less than five days before the hearing. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`ORDER
`
`It is
`ORDERED that oral arguments for these proceedings shall take place
`beginning at 1:30 pm Eastern Time on May 8, 2018, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria.
`
`
`
`
`
`
`
`
`4
`
`
`
`IPR2017-00948
`Patent 8,566,960 B2
`PETITIONER:
`Daniel T. Shvodian
`PERKINS COIE LLP
`dshodian@perkinscoie.com
`
`W. Karl Renner
`Adam Shartzer
`Matthew Mosteller
`Vivian Lu
`FISH & RICHRDSON P.C.
`axf-ptab@fr.com
`shartzer@fr.com
`mosteller@fr.com
`vlu@fr.com
`
`PATENT OWNER:
`Brett Mangrum
`Ryan Loveless
`ETHERIDGE LAW GROUP
`brett@etheridgelaw.com
`ryan@etheridgelaw.com
`
`Sean D. Burdick
`UNILOC USA
`sean.burdick@unilocusa.com
`
`5
`
`
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