` 571.272.7822
`
`Paper No. 34
`
` Entered: June 14, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner,
`v.
`MYMAIL, LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-00967
`Patent 8,275,863 B2
`____________
`
`
`
`Before KEVIN F. TURNER, KAMRAN JIVANI, and
`MONICA S. ULLAGADDI, Administrative Patent Judges.
`
`ULLAGADDI, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2017-00967
`Patent 8,275,863 B2
`
`
`On September 13, 2017, we entered a Decision to Institute trial in
`IPR2017-00967. Paper 10. A Conduct of the Proceeding Order set the date
`for oral hearing, if requested by either party, as June 22, 2018. Paper 27.
`Pursuant to 37 C.F.R. § 42.70, the parties have jointly requested oral
`hearing. Paper 33. Petitioner’s and Patent Owner’s requests for oral hearing
`are granted.
`Oral argument for this proceeding will be held on June 22, 2018 on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The hearing will commence at 2:00 PM Eastern Time and it will
`be open to the public for in-person attendance. In-person attendance will be
`accommodated on a first-come-first-served basis. If the parties have any
`concern about disclosing confidential information, they are to contact the
`Board at least three (3) business days in advance of the hearing to discuss
`the matter.
`Each party will have forty-five (45) minutes of total time to present
`arguments for both cases. Petitioner bears the ultimate burden of proof that
`the claims at issue are unpatentable. Therefore, Petitioner will proceed first
`to present its case with regard to the challenged claims and grounds on
`which we instituted trial. Patent Owner then will argue its opposition to
`Petitioner’s case. Petitioner may reserve rebuttal time.
`The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`
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`2
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`IPR2017-00967
`Patent 8,275,863 B2
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`Furthermore, pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits
`must be served at least three (3) business days before the hearing. The
`parties shall provide a courtesy copy of any demonstrative exhibits to the
`Board at least three (3) business days prior to the hearing by emailing them
`to Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`the records of these proceedings without prior authorization from the Board.
`The demonstrative exhibits in this case are not evidence and are intended
`only to assist the parties in presenting their oral argument to the Board. The
`parties must, however, file any objections to the demonstratives with the
`Board at least three (3) business days before the hearing. Any objection to
`the demonstrative exhibits that is not presented timely will be considered
`waived. 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. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections until after the oral argument. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB
`January 27, 2014) (Paper 65), for guidance regarding the appropriate content
`of demonstrative exhibits.
`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 will not be in attendance at
`oral hearing, the Board should be notified via a joint telephone conference
`
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`IPR2017-00967
`Patent 8,275,863 B2
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`call no later than three (3) business days prior to the oral hearing to discuss
`the matter.
`Any special requests 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 not less than three (3) business
`days before the hearing directed to the above email address.
`At least one judge will be participating remotely via a
`videoconferencing device and will not be able to view the projection screen
`in the hearing room. The parties are reminded that the presenter must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`screen number) referenced during the hearing to avoid confusion, and to
`ensure the clarity and accuracy of the reporter’s transcript.
`
`
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`4
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`IPR2017-00967
`Patent 8,275,863 B2
`
`FOR PETITIONER:
`Jonathan Stroud
`jonathan@unifiedpatents.com
`
`Roshan Mansinghani
`roshan@unifiedpatents.com
`
`FOR PATENT OWNER:
`
`Jon Wright
`jwright-ptab@sternekessler.com
`
`Daniel Block
`dblock-ptab@sternekessler.com
`
`Steven Pappas
`spappas-ptab@sternekessler.com
`
`
`
`5
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