Trials@uspto.gov
`Tel: 571.272.7822
`
`Paper 19
`Entered: July 5, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BITDEFENDER INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01315
`Patent 6,510,466 B1
`____________
`
`
`Before MIRIAM L. QUINN, ROBERT J. WEINSCHENK, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70(a)
`
`
`Tel: 571.272.7822
`
`Paper 19
`Entered: July 5, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BITDEFENDER INC.,
`Petitioner,
`
`v.
`
`UNILOC USA, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-01315
`Patent 6,510,466 B1
`____________
`
`
`Before MIRIAM L. QUINN, ROBERT J. WEINSCHENK, and
`JESSICA C. KAISER, Administrative Patent Judges.
`
`KAISER, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70(a)
`
`
`
`IPR2017-01315
`Patent 6,510,466 B1
`
`
`In the above-identified proceeding, we instituted inter partes review
`
`(Paper 7) and issued a Scheduling Order (Paper 8), which sets an oral
`
`hearing date to August 7, 2018, if oral hearing is requested by either party
`
`and granted by the Board. Pursuant to 37 C.F.R. § 42.70, Patent Owner
`
`requested an oral hearing in this case. Paper 18. Patent Owner requested
`
`that the oral hearing occur at the Texas Regional Office of the United States
`
`Patent and Trademark Office in Dallas, TX, and requested that the parties be
`
`given thirty (30) minutes per side. Id. Petitioner did not file an oral hearing
`
`request, but in correspondence with the Board, requested that if a hearing
`
`were ordered, it be held in either the Silicon Valley Regional Office in
`
`San Jose, CA or the Rocky Mountain Regional Office in Denver, CO.
`
`Ex. 3001. Considering all of the facts and circumstances in this case, Patent
`
`Owner’s request is granted.
`
`The hearing for this case will commence at 12:00 PM Central Time,
`
`on August 7, 2018, and will be conducted at the the Texas Regional Office
`
`of the United States Patent and Trademark Office, 207 South Houston
`
`St., Suite 159, Dallas, Texas 75202.1 The parties are advised that the
`
`hearing room has limited seating. The hearing will be open to the public for
`
`in-person attendance that will be accommodated on a first-come first-served
`
`basis.
`
`Each party will have thirty (30) minutes of total time to present
`
`arguments for this proceeding. Because Petitioner bears the ultimate burden
`
`of proof that the challenged claims are unpatentable, Petitioner will proceed
`
`first to present its case as to the challenged claims and instituted grounds of
`
`
`1 See https://www.uspto.gov/about-us/uspto-locations/dallas-tx/dallas-texas
`for additional information.
`
`2
`
`
`
`IPR2017-01315
`Patent 6,510,466 B1
`
`unpatentability in this proceeding, and may reserve a small portion of its
`
`time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s case.
`
`After that, Petitioner may use the rest of its time for its rebuttal, responding
`
`to Patent Owner’s specific arguments presented at the oral hearing. No live
`
`testimony from any witness will be taken at the oral hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven business days prior to the hearing. The parties shall confer with
`
`each other regarding any objections to demonstrative exhibits, and file
`
`demonstrative exhibits with the Board, as a separate exhibit in accordance
`
`with 37 C.F.R. § 42.63, at least five business days prior to the hearing.
`
`Demonstrative exhibits are not evidence, but merely a visual aid at the
`
`oral hearing. The Board expects the parties will meet and confer in good
`
`faith to resolve any objections to demonstrative exhibits. For any issue that
`
`cannot be resolved after conferring with the opposing party, the parties may
`
`email jointly to Trials@uspto.gov a one-page list of objections at least five
`
`business days prior to the hearing. The list should identify with particularity
`
`which demonstrative exhibits are subject to objection and include a short
`
`statement (no more than one short sentence) of the reason for each objection.
`
`No argument or further explanation is permitted.
`
`We will consider the objections and schedule a conference call, if
`
`necessary. Otherwise, we will reserve ruling on the objections until the
`
`hearing or after the hearing. Any objection to demonstrative exhibits that is
`
`not presented timely will be considered waived. Each party also shall
`
`provide a hard copy of its demonstrative exhibits to the court reporter at the
`
`hearing.
`
`3
`
`
`
`IPR2017-01315
`Patent 6,510,466 B1
`
`
`The parties are reminded that the presenter must identify clearly and
`
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`
`referenced during each hearing to ensure the clarity and accuracy of the
`
`reporter’s transcript. The parties also should note that Judge Jessica Kaiser
`
`and Judge Robert Weinschenk will be attending electronically and will only
`
`have access to the courtesy copy of the demonstratives provided in advance,
`
`as referenced above. If a demonstrative is not made available to the Board
`
`in the manner indicated above, that demonstrative may not be available to
`
`each of the judges during the hearing and may not be considered. Further,
`
`images projected, using audio visual equipment in Dallas, may not be visible
`
`to Judge Kaiser and Judge Weinschenk. Because of limitations on the audio
`
`transmission systems in our hearing rooms, the presenter may speak only
`
`when standing at the hearing room 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.
`
`
`
`The Board expects lead counsel for each party to be present at the oral
`
`hearing, although any backup counsel may make the actual presentation, in
`
`whole or in part. If lead counsel for either party is unable to attend the oral
`
`hearing, the Board should be notified via a joint telephone conference call no
`
`later than five business days prior to the oral hearing to discuss the matter.
`
`The Board will provide a court reporter, and the reporter’s transcript
`
`will constitute the official record of the hearing. The oral hearing transcript
`
`will be entered in the record of the proceeding.
`
`Requests for audio-visual equipment at the hearing are to be made
`
`five days in advance of the hearing date. The requests must be sent to
`
`4
`
`
`
`IPR2017-01315
`Patent 6,510,466 B1
`
`Trials@uspto.gov. If the requests are not received timely, equipment may
`
`not be available on the day of the hearing.
`
`
`
`
`
`
`
`
`
`For PETITIONER:
`
`Andrei Popovici
`andrei@apatent.com
`
`Mihai Murgulescu
`Mihaihm2000@gmail.com
`
`For PATENT OWNER:
`
`Brett Mangrum
`brett@etheridgelaw.com
`
`Sean Burdick
`Sean.burdick@unilocusa.com
`
`Ryan Loveless
`ryan@etheridgelaw.com
`
`
`
`
`5
`
`
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