`Trials@uspto.gov
`571-272-7822 Entered: September 6, 2018
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`GOOGLE LLC,
`Petitioner
`
`v.
`
`BLACKBERRY LTD.,
`Patent Owner.
`____________
`
`Case IPR2017-01619
`Case IPR2017-01620
` (Patent 8,489,868 B2)1
`____________
`
`
`
`Before SALLY C. MEDLEY, ROBERT J. WEINSCHENK, and
`AARON W. MOORE, Administrative Patent Judges.
`
`
`MOORE, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`1 This order addresses an issue that is identical in both cases. We exercise
`discretion to issue one order to be filed in both cases. The parties, however,
`are not authorized to use this style heading.
`
`
`
`IPR2017-01619; IPR2017-01620
`(Patent 8,489,868 B2)
`
`Petitioner and Patent Owner each requested a hearing in the above
`
`proceedings pursuant to 37 C.F.R. § 42.70(a). See Papers 23, 24. The
`
`requests are granted.
`
`The hearing will commence at 1:00 PM Eastern Time on
`
`September 17, 2018, and will be conducted at the USPTO Headquarters,
`
`Madison Building East, Ninth Floor, 600 Dulany Street, Alexandria,
`
`Virginia, 22314. The hearing will be open to the public for in-person
`
`attendance that will be accommodated on a first come, first serve basis.
`
`Notwithstanding Patent Owner’s request to have separate hearings in
`
`which each party is permitted an hour per hearing of argument time, we
`
`determine that the issues in the two cases overlap significantly and that a
`
`single hearing would be the most appropriate way to address all issues and
`
`avoid duplicative arguments and inefficiencies. Accordingly, we shall hold
`
`a single hearing where each party will have ninety (90) minutes of total time
`
`to present arguments.
`
`Petitioner bears the ultimate burden of proof that the challenged
`
`claims are unpatentable. Therefore, Petitioner will proceed first to present
`
`its case as to the challenged claims, and may reserve rebuttal time. Patent
`
`Owner then will respond to Petitioner’s presentation. Petitioner then may
`
`use the rest of its time to respond to Patent Owner’s presentation on all
`
`matters.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least seven business days prior to the hearing. They shall be filed with the
`
`Board no later than five business days prior to the hearing date. The parties
`
`must initiate a conference call with the Board at least three business days
`
`prior to the hearing to resolve any dispute over the propriety of each party’s
`
`
`
`2
`
`
`
`IPR2017-01619; IPR2017-01620
`(Patent 8,489,868 B2)
`
`demonstrative exhibits. The parties are directed to St. Jude Med.,
`
`Cardiology Div., Inc. v. Board of Regents of the Univ. of Mich., Case
`
`IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), regarding the appropriate
`
`content of demonstrative exhibits. See also CBS Interactive Inc. v. Helferich
`
`Patent Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper
`
`118) (explaining that the Board has the discretion to limit the parties’
`
`demonstratives to pages in the record should there be no easy resolution to
`
`objections over demonstratives).
`
`The Board expects lead counsel for each party to be present at the
`
`hearing, although any back-up counsel may make the actual presentation, in
`
`whole or in part. If lead counsel for any party will not be in attendance at
`
`the hearing, the Board should be notified via a joint conference call no later
`
`than two days prior to the hearing to discuss the matter.
`
`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 transcript will be entered in the record of this 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
`
`Trials@uspto.gov. If the requests are not received timely, equipment may
`
`not be available on the day of the hearing.
`
`
`
`
`
`
`
`3
`
`
`
`IPR2017-01619; IPR2017-01620
`(Patent 8,489,868 B2)
`
`FOR PETITIONER:
`
`Naveen Modi
`Joseph E. Palys
`Phillip Citroën
`John Holley
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`phillipcitroen@paulhastings.com
`johnholley@paulhastings.com
`PH-Google-BBIPR@paulhastings.com
`
`
`FOR PATENT OWNER:
`
`Ching-Lee Fukuda
`Samuel A. Dillon
`Sharon Lee
`SIDLEY AUSTIN LLP
`clfukuda@sidley.com
`samuel.dillon@sidley.com
`sharon.lee@sidley.com
`
`
`
`
`
`
`
`
`
`4
`
`
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