Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`Paper 22
`Date: September 24, 2019
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
`v.
`QUALCOMM INCORPORATED,
`Patent Owner.
`
`
`Case IPR2018-01249
`Patent 7,693,002 B2
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`
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`Before TREVOR M. JEFFERSON, DANIEL J. GALLIGAN, and
`SCOTT B. HOWARD, Administrative Patent Judges.
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`GALLIGAN, Administrative Patent Judge.
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`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
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`Both parties have requested oral argument in this matter pursuant to
`37 C.F.R. § 42.70. See IPR2018-01249, Papers 18, 20. Petitioner requests 60
`minutes for its argument. IPR2018-01249, Paper 20, 1. Patent Owner does not
`request any particular amount of time. We determine that one and a half hours of
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`IPR2018-01249
`Patent 7,693,002 B2
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`total argument time will be sufficient for this proceeding. Therefore, each party
`will be allocated 45 minutes for argument.
`The hearing for this proceeding will commence at 4:00 PM Eastern Time
`on October 10, 2019. The hearing will be conducted on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. The hearing
`will be open to the public for in-person attendance, which will be accommodated
`on a first-come, first-served basis. If the parties have concerns about disclosing
`confidential information, they are requested to contact the Board at least ten
`business days in advance of the hearing to discuss the matter.
`Petitioner will proceed first to present its case with regard to the challenged
`claims. Petitioner may reserve some, but not more than one half, of its argument
`time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s case and
`may reserve some of its argument time, for sur-rebuttal. Next, Petitioner may use
`any time it has reserved for rebuttal to respond to Patent Owner’s specific
`arguments presented at the hearing. Then, Patent Owner may present a brief sur-
`rebuttal if it has reserved time. No live testimony from any witness will be taken at
`the oral argument.
`Any demonstrative exhibits shall be served at least five (5) business days
`before the hearing. The parties shall confer regarding any objections to
`demonstrative exhibits and file demonstrative exhibits with the Board, as a
`separate exhibit, at least three (3) business days prior to the hearing. The parties
`are reminded that the demonstrative exhibits presented in this case are not evidence
`and are intended only to assist the parties in presenting their oral argument to the
`panel. The parties are directed to St. Jude Medical, Cardiology Division, Inc. v.
`Board of Regents of the University of Michigan, Case IPR2013-00041, slip op. 2–5
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate content of
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`IPR2018-01249
`Patent 7,693,002 B2
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`demonstrative exhibits. For any issue regarding the proposed demonstrative
`exhibits that cannot be resolved after conferring with the opposing party, the
`parties may file jointly a one-page list of objections at least two (2) 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 concise sentence) of the reason for each objection. No argument or
`further explanation is permitted. We will consider the objections and may
`schedule a conference call, if necessary, to discuss them. Typically, however, we
`reserve ruling on the objections until the hearing or until a ruling is necessary to
`resolve the dispute. 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.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number and by
`content) referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that one or more judges on the
`panel will be attending electronically and will only have access to the filed 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 the hearing
`room will not be visible to judges participating remotely. 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.
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`IPR2018-01249
`Patent 7,693,002 B2
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`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing. The reporter’s transcript
`will be entered in the record of the proceeding.
`Any counsel of record may present the party’s argument as long as that
`counsel is present in person. Lead counsel need not be present.
`A party may request remote video attendance for one or more of its other
`attendees to view the hearing from any USPTO location. The available locations
`include the Rocky Mountain Regional Office in Denver, Colorado; the Texas
`Regional Office in Dallas, Texas; the Elijah J. McCoy Midwest Regional Office in
`Detroit, Michigan; and the Silicon Valley Office in San Jose, California. To
`request remote video viewing, a party must send an email message to
`Trials@uspto.gov ten (10) business days prior to the hearing, indicating the
`requested location and the number planning to view the hearing from the remote
`location. The Board will notify the parties if the request for video viewing is
`granted. Note that it may not be possible to grant the request due to the availability
`of resources.
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. A party may also indicate any special requests related to
`appearing at an in-person oral hearing, such as a request to accommodate physical
`needs that limit mobility or visual or hearing impairments, and indicate how the
`PTAB may accommodate the special request. Any special requests must be
`presented in a separate communication not less than five (5) days before the
`hearing.
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`IPR2018-01249
`Patent 7,693,002 B2
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`PETITIONER:
`
`Walter Renner
`Timothy Riffe
`Thomas Rozylowicz
`FISH & RICHARDSON P.C.
`axf-ptab@fr.com
`riffe@fr.com
`tar@fr.com
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`PATENT OWNER:
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`David Cochran
`Joseph Sauer
`Matthew Johnson
`David Maiorana
`Joshua Nightingale
`Richard Graham
`JONES DAY
`jmsauer@jonesday.com
`mwjohnson@jonesday.com
`dcochran@jonesday.com
`dmaiorana@jonesday.com
`jrnightingale@jonesday.com
`ragraham@jonesday.com
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`5
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