`Trials@uspto.gov Paper 26
`Tel: 571-272-7822 Entered: August 14, 2019
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`Patent Owner.
`____________
`
`Case IPR2018–01080
`Patent 9,408,055 B2
`____________
`
`
`Before TREVOR M. JEFFERSON, CHRISTA P. ZADO, and
`KEVIN C. TROCK, Administrative Patent Judges.
`
`TROCK, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2018–01080
`Patent 9,408,055 B2
`We instituted inter partes review (Paper 9) and set an oral hearing
`date of September 6, 2019, if oral hearing was requested by either party and
`granted by the Board (Paper 10). Pursuant to 37 C.F.R. § 42.70, the parties
`have requested an oral hearing. Papers 23, 24. Patent Owner requests thirty
`(30) minutes to present its arguments. Paper 23. Petitioner does not specify
`an amount of time to present its arguments. Paper 24. The requests are
`hereby granted.
`The hearing will commence at 10:00 AM Pacific Time, on Friday,
`September 6, 2019, at the USPTO Silicon Valley Office, 26 South 4th
`Street, Third Floor, San Jose, California. The hearing will be open to the
`public for in-person attendance that will be accommodated on a first-come
`first-served basis.
`Because Patent Owner requested thirty (30) minutes to present its
`arguments and Petitioner did not specify a particular amount of time, each
`party will have thirty (30) minutes of total time to present its arguments.
`Petitioner will proceed first to present its case as to the challenged claims
`and instituted grounds of unpatentability, and may reserve a 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.
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits shall 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.
`
`2
`
`
`
`IPR2018–01080
`Patent 9,408,055 B2
`The parties are reminded that 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 shall also
`provide a hard copy of its demonstrative exhibits to the court reporter at the
`hearing.
`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 ensure the clarity and accuracy of the
`reporter’s transcript. The parties should note that one or more judges may
`be attending electronically and will have access to only 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 San Jose, will not be visible to judges attending
`electronically. Because of limitations on the audio transmission systems in
`
`3
`
`
`
`IPR2018–01080
`Patent 9,408,055 B2
`our hearing rooms, the presenter should 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 hearing transcript will
`be entered in the record of the proceedings.
`Requests for audio-visual equipment at the hearing are to be made
`five business 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.
`It is
`ORDERED that oral argument will commence at 10:00 AM PT on
`September 6, 2019.
`
`
`
`
`4
`
`
`
`IPR2018–01080
`Patent 9,408,055 B2
`
`PETITIONER:
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`Jonathan Tuminaro
`jtuminar-PTAB@sternekessler.com
`Robert E. Sokohl
`rsokohl-PTAB@sternekessler.com
`Dohm Chankong
`dchankong-PTAB@sternekessler.com
`
`ARNOLD & PORTER KAYE SCHOLER LLP
`Michael A. Berta
`michael.berta@arnoldporter.com
`
`
`PATENT OWNER:
`
`BROWN RUDNICK LLP
`Vincent J. Rubino, III
`vrubino@brownrudnick.com
`Afred R. Fabricant
`afabricant@brownrudnick.com
`Peter Lambrianakos
`plambrianakos@brownrudnick.com
`Enrique W. Iturrald
`eiturralde@brownrudnick.com
`
`
`5
`
`
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