Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper: 37
`Entered: September 13, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
` HUAWEI TECHNOLOGIES CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01471 (Patent 8,412,197 B2)
`Case IPR2017-01473 (Patent 8,885,583 B2)
`Case IPR2017-01474 (Patent 8,639,246 B2)
` Case IPR2017-01475 (Patent 8,996,003 B2)1
`____________
`
`
`
`Before TREVOR M. JEFFERSON, MICHELLE N. WORMMEESTER, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`571-272-7822
`
`
`
`
`Paper: 37
`Entered: September 13, 2018
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioner,
`
`v.
`
` HUAWEI TECHNOLOGIES CO., LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01471 (Patent 8,412,197 B2)
`Case IPR2017-01473 (Patent 8,885,583 B2)
`Case IPR2017-01474 (Patent 8,639,246 B2)
` Case IPR2017-01475 (Patent 8,996,003 B2)1
`____________
`
`
`
`Before TREVOR M. JEFFERSON, MICHELLE N. WORMMEESTER, and
`JOHN F. HORVATH, Administrative Patent Judges.
`
`
`HORVATH, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2017-01471 (Patent 8,412,197 B2)
`IPR2017-01473 (Patent 8,885,583 B2)
`IPR2017-01474 (Patent 8,639,246 B2)
`IPR2017-01475 (Patent 8,996,003 B2)
`
`
`On September 4, 2018, Petitioner and Patent Owner filed separate
`
`requests for oral argument in each of these proceedings. Papers 36, 39.2
`
`Due to the commonality of issues presented in IPR2017-01471, IPR2017-
`
`01474, and IPR2017-01475, the parties mutually agree and request a joint
`
`hearing for these proceedings, and that they be granted 45 minutes of oral
`
`argument per side. Paper 36, 1; Paper 39, 1. The parties also request that
`
`we hear arguments in this joint hearing prior to arguments in the hearing for
`
`IPR2017-01473. Id. The parties also mutually agree and request that they
`
`be granted 45 minutes of oral argument per side for the hearing in IPR2017-
`
`01473. Paper 35, 1; Paper 37, 1.3
`
`The parties’ requests are granted, and oral arguments will be held on
`
`September 27, 2018, commencing at 1:00 p.m. Eastern Time, in Hearing
`
`Room B on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia 22314.4 The hearings will be open to the public for in-
`
`person attendance, which will be accommodated on a first come first served
`
`basis. The Board will provide a court reporter for the hearings, and the
`
`reporter’s transcript will constitute the official record of the hearings. One
`
`
`2 Unless otherwise noted, we cite to the papers filed in IPR2017-01471.
`Substantially similar papers were filed in IPR2017-01473, IPR2017-01474,
`and IPR2017-01475.
`
`3 We cite to the papers filed in IPR2017-01473.
`
`4 We note Patent Owner’s request to conduct the proceeding in Hearing
`Room A. Unfortunately, Hearing Room A is unavailable, and the
`proceedings will be conducted in Hearing Room B.
`
`2
`
`
`
`IPR2017-01471 (Patent 8,412,197 B2)
`IPR2017-01473 (Patent 8,885,583 B2)
`IPR2017-01474 (Patent 8,639,246 B2)
`IPR2017-01475 (Patent 8,996,003 B2)
`
`member of the panel will be electronically attending the hearings from a
`
`remote location.
`
`The hearings will be conducted in the order requested by the parties, a
`
`joint hearing for IPR2017-01471, 2017-01474, and IPR2017-01475
`
`commencing at 1 p.m. Eastern Time, followed by a hearing for IPR2017-
`
`01473 commencing at approximately 3 p.m. Eastern Time. For each
`
`hearing, each party will have forty-five (45) minutes of total argument time.
`
`Petitioner bears the ultimate burden of proof that the challenged claims are
`
`unpatentable. Therefore, Petitioner will proceed first, and will present its
`
`arguments with regard to the challenged claims and grounds on which we
`
`instituted trial. Petitioner may reserve some of its time for rebuttal.
`
`Thereafter, Patent Owner may respond to Petitioner’s arguments. Petitioner
`
`may then make use of any remaining time to respond to Patent Owner’s
`
`arguments.
`
`Currently pending, in each proceeding, is Patent Owner’s motion to
`
`exclude, on which Patent Owner bears the burden of proof. Paper 38. To
`
`the extent Patent Owner wishes to argue the merits of its motions to exclude
`
`at the hearings, it may do so during the times allotted for responding to
`
`Petitioner’s patentability challenges, and Petitioner may respond during any
`
`time it has left for rebuttal as described above. Moreover, Patent Owner
`
`may reserve time solely to rebut Petitioner’s responses to Patent Owner’s
`
`motions to exclude.
`
`Under 37 C.F.R. § 42.70(b), any demonstrative exhibits to be
`
`presented at the hearings must be served seven business days before the
`
`hearings. They shall be filed with the Board no later than three business
`
`3
`
`
`
`IPR2017-01471 (Patent 8,412,197 B2)
`IPR2017-01473 (Patent 8,885,583 B2)
`IPR2017-01474 (Patent 8,639,246 B2)
`IPR2017-01475 (Patent 8,996,003 B2)
`
`days before the hearings. Any objection to demonstrative exhibits should be
`
`resolved at least two business days prior to the hearings by way of a joint
`
`telephone conference call to the Board. Any objection to demonstrative
`
`exhibits that is not timely presented will be considered waived. For
`
`guidance on appropriate content in demonstrative exhibits, the parties are
`
`directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`
`IPR2013-00033, Paper 118 (Oct. 23, 2013).
`
`At the hearings, a hard copy of the demonstrative exhibits should be
`
`provided to the court reporter. Any party referencing a demonstrative
`
`exhibit must clearly and specifically identify the referenced exhibit to ensure
`
`the clarity and accuracy of the reporter’s transcript, and to assist remote
`
`panel members.
`
`Questions regarding specific audio-visual equipment that may be
`
`needed to facilitate the presentation of demonstrative exhibits should be
`
`directed to the Board at (571) 272-9797. Requests for specific audio-visual
`
`equipment, including overhead projectors and screens, should be made five
`
`business days in advance of the hearing, and should be sent directly to
`
`Trials@uspto.gov. If the request is not timely received, the equipment may
`
`not be available on the day of the hearing.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearings. However, lead or backup counsel may put forward a
`
`party’s arguments. If either party anticipates that its lead counsel will not be
`
`attending the oral hearings, the parties should initiate a joint telephone
`
`conference with the Board no later than two business days prior to the oral
`
`hearings to discuss the matter.
`
`
`
`4
`
`
`
`IPR2017-01471 (Patent 8,412,197 B2)
`IPR2017-01473 (Patent 8,885,583 B2)
`IPR2017-01474 (Patent 8,639,246 B2)
`IPR2017-01475 (Patent 8,996,003 B2)
`
`PETITIONER:
`
`Kevin P.B. Johnson
`Marissa Ducca
`Brian Mack
`Deepa Acharya
`Jared Newton
`kevinjohnson@quinnemanuel.com
`marissaducca@quinnemanuel.com
`brianmack@quinnemanuel.com
`deepaacharya@quinnemanuel.com
`jarednewton@quinnemanuel.com
`
`
`
`
`
`
`PATENT OWNER:
`
`Jeffrey P. Kushan
`Joseph A. Micallef
`Samuel A. Dillon
`John P. Wisse
`Michael J. Bettinger
`HuaweiSamsungIPRSidley@sidley.com
`jkushan@sidley.com
`jmicallef@sidley.com
`samuel.dillon@sidley.com
`jwisse@sidley.com
`mbettinger@sidley.com
`
`
`5
`
`
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