Paper No. 55
`Trials@uspto.gov
`571-272-7822 Entered: November 5, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MMODAL LLC,
`Petitioner,
`
`v.
`
`NUANCE COMMUNICATIONS, INC.,
`Patent Owner.
`____________
`
`IPR2018-01431
`IPR2018-014351
`Patent 6,999,933 B2
`____________
`
`
`Before KEN B. BARRETT, NEIL T. POWELL, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`ZADO, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10); 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 This Order addresses an issue pertaining to both captioned cases.
`Therefore, we exercise our discretion to issue a single order to be filed in
`each case. The parties are not authorized to use this style of heading absent
`express authorization from the Board.
`
`
`Trials@uspto.gov
`571-272-7822 Entered: November 5, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MMODAL LLC,
`Petitioner,
`
`v.
`
`NUANCE COMMUNICATIONS, INC.,
`Patent Owner.
`____________
`
`IPR2018-01431
`IPR2018-014351
`Patent 6,999,933 B2
`____________
`
`
`Before KEN B. BARRETT, NEIL T. POWELL, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`ZADO, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Argument
`35 U.S.C. § 316(a)(10); 37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 This Order addresses an issue pertaining to both captioned cases.
`Therefore, we exercise our discretion to issue a single order to be filed in
`each case. The parties are not authorized to use this style of heading absent
`express authorization from the Board.
`
`
`
`IPR2018-01431
`IPR2018-01435
`Patent 6,999,933 B2
`
`
`MModal LLC (“Petitioner”) and Nuance Communications, Inc.
`(“Patent Owner”) have requested a hearing in the above-captioned
`proceedings pursuant to 37 C.F.R. § 42.70. IPR2018-01431, Paper 50;
`IPR2018-01431, Paper 52; IPR2018-01435, Paper 52; IPR2018-01435,
`Paper 54. Petitioner requests the hearings for the proceedings, both
`scheduled to take place on November 15, 2019, be consolidated on the
`grounds that the cases “involve nearly all of the same issues.” IPR2018-
`01431 Paper 52; IPR2018-01435, Paper 54. Petitioner requests ninety (90)
`minutes of argument time per side total for the consolidated cases.
`IPR2018-01431 Paper 52; IPR2018-01435, Paper 54. Patent Owner
`requests one (1) hour of argument time per side total for the consolidated
`cases. IPR2018-01431 Paper 50; IPR2018-01435, Paper 52. The requests
`for hearing are granted.
`The consolidated hearing for the above-captioned proceedings will
`commence at 1:00 PM Eastern Time, on Friday, November 15, 2019, on
`the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. Each party will have ninety (90) minutes of
`argument time, as requested by Petitioner. The hearing will be open to the
`public for in-person attendance, which will be accommodated on a first-
`come, first-served basis. To facilitate planning, each party must send an
`email message to PTABHearings@uspto.gov five (5) days prior to the
`hearing if the number planning to attend the hearing in-person for its side
`(attorneys and others) exceeds five people.
`Petitioner will proceed first to present its case as to the challenged
`claims and instituted grounds of unpatentability, and may reserve a portion
`
`2
`
`
`
`IPR2018-01431
`IPR2018-01435
`Patent 6,999,933 B2
`
`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 (7) 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 (5) business days prior to the
`hearing.
`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
`
`3
`
`
`
`IPR2018-01431
`IPR2018-01435
`Patent 6,999,933 B2
`
`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 remotely and will have access to only the copy of the
`demonstratives filed 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 Alexandria, will not be visible to judges attending remotely.
`Because of limitations on the audio transmission systems in 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.
`
`4
`
`
`
`IPR2018-01431
`IPR2018-01435
`Patent 6,999,933 B2
`
`
`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 Texas Regional Office in Dallas, Texas; the
`Rocky Mountain Regional Office in Denver, Colorado; the Elijah J. McCoy
`Midwest Regional Office in Detroit, Michigan; and the Silicon Valley Office
`in San Jose, CA. To request remote video viewing, a party must send an
`email message to PTABHearings@uspto.gov five (5) 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
`PTABHearings@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.
`It is
`ORDERED that oral argument will commence at 1:00 PM ET on
`November 15, 2019.
`
`
`5
`
`
`
`IPR2018-01431
`IPR2018-01435
`Patent 6,999,933 B2
`
`
`FOR PETITIONER:
`Jon Strang
`Inge Osman
`David K. Callahan
`Kevin C. Wheeler
`LATHAN & WATKINS LLP
`Jonathan.strang@lw.com
`Inge.osman@lw.com
`david.callahan@lw.com
`kevin.wheeler@lw.com
`
`Patrick McPherson
`Patrick Muldoon
`Jarrad Gunther
`D. Joseph English
`Anthony J. Fitzpatrick
`Allison H. Hutton
`DUNE MORRIS LLP
`pdmcpherson@duanemorris.com
`pcmuldoon@duanemorris.com
`jmgunther@duanemorris.com
`djenglish@duanemorris.com
`ajfitzpatrick@duanemorris.com
`AHHutton@duanemorris.com
`
`
`
`
`
`
`
`6
`
`
`
`IPR2018-01431
`IPR2018-01435
`Patent 6,999,933 B2
`
`
`
`FOR PATENT OWNER:
`Brian E. Ferguson
`Robert Magee
`Anish R. Desai
`Sudip Kundu
`Stephen Bosco
`Amanda Branch
`WEIL, GOTSHAL & MANGES LLP
`Nuance.MModal.IPR@weil.com
`Brian.Ferguson@weil.com
`Robert.Magee@weil.com
`Anish.Desai@weil.com
`Sudip.Kundu@weil.com
`Stephen.Bosco@weil.com
`Amanda.Branch@weil.com
`
`
`7
`
`
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