Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Paper 26
`Date: November 12, 2019
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORPORATION,
`Petitioner,
`v.
`QUALCOMM INCORPORATED,
`Patent Owner.
`
`
`Case IPR2018-013341
`Patent 8,838,949 B2
`
`
`
`
`Before TREVOR M. JEFFERSON, DANIEL J. GALLIGAN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`1 IPR2018-01335 and IPR2018-01336 have been consolidated with the instant
`proceeding.
`
`
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Paper 26
`Date: November 12, 2019
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTEL CORPORATION,
`Petitioner,
`v.
`QUALCOMM INCORPORATED,
`Patent Owner.
`
`
`Case IPR2018-013341
`Patent 8,838,949 B2
`
`
`
`
`Before TREVOR M. JEFFERSON, DANIEL J. GALLIGAN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`GALLIGAN, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`1 IPR2018-01335 and IPR2018-01336 have been consolidated with the instant
`proceeding.
`
`
`
`IPR2018-01334
`Patent 8,838,949 B2
`
`
`
`
`
`Both parties have requested oral argument in this matter pursuant to
`37 C.F.R. § 42.70. See Papers 23, 24. We grant the parties’ requests and allot
`each party 60 minutes of argument time.
`The hearing for this proceeding will commence at 9:00 AM Eastern Time
`on December 12, 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 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, Paper 65
`
`2
`
`
`
`
`
`
`IPR2018-01334
`Patent 8,838,949 B2
`
`
`at 2–5 (PTAB Jan. 27, 2014) (Order), for guidance regarding the appropriate
`content of 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
`
`3
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`
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`IPR2018-01334
`Patent 8,838,949 B2
`
`
`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 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.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, any counsel of record may present the party’s argument as
`long as that counsel is present in person. If either party expects that its lead
`counsel will not be attending the oral argument, the parties should initiate a joint
`telephone conference with the Board no later than two (2) business days prior to
`the oral hearing to discuss the matter.
`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
`
`4
`
`
`
`
`IPR2018-01334
`Patent 8,838,949 B2
`
`
`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.
`
`
`
`
`
`
`
`PETITIONER:
`David Cavanaugh
`Thomas Anderson
`Joseph Haag
`Michael H. Smith
`WILMER CUTLER PICKERING HALE AND DORR LLP
`David.cavanaugh@wilmerhale.com
`Tom.aderson@wilmerhale.com
`Joseph.haag@wilmerhale.com
`michaelh.smith@wilmerhale.com
`
`
`PATENT OWNER:
`David Cochran
`Matthew Johnson
`Joseph Sauer
`David Maiorana
`Richard Graham
`Joshua Nightingale
`JONES DAY
`dcochran@jonesday.com
`mwjohnson@jonesday.com
`jmsauer@jonesday.com
`dmaiorana@jonesday.com
`ragraham@jonesday.com
`jrnightingale@jonesday.com
`
`5
`
`
`
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