Trials@uspto.gov
`571.272.7822
`
`
` Paper 17
` Entered: November 14, 2019
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`UNILOC LUXEMBOURG, S.A.,
`Patent Owner.
`____________
`
`IPR2018-01664
`Patent 8,872,646 B2
` ____________
`
`
`
`Before JENNIFER S. BISK, CHARLES J. BOUDREAU, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`571.272.7822
`
`
` Paper 17
` Entered: November 14, 2019
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioner,
`
`v.
`
`UNILOC LUXEMBOURG, S.A.,
`Patent Owner.
`____________
`
`IPR2018-01664
`Patent 8,872,646 B2
` ____________
`
`
`
`Before JENNIFER S. BISK, CHARLES J. BOUDREAU, and
`GARTH D. BAER, Administrative Patent Judges.
`
`BAER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`IPR2018-01664
`Patent 8,872,646 B2
`
`
`The Scheduling Order for the above-identified proceeding provided
`that an oral hearing would be conducted on December 12, 2019, if a hearing
`is requested by the parties and granted by the Board. Paper 8. The parties
`requested oral hearing pursuant to 37 C.F.R. § 42.70. Paper 15, 16. The
`Parties’ requests for oral hearing is granted.
`Please note the time and location of the hearing. The hearing will
`commence at 2:00 PM on December 12, 2019, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia. 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 will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis. If the parties have any concern about disclosing
`confidential information, they are to contact the Board at least ten (10) days
`in advance of the hearing to discuss the matter.
`Each party will have forty five (45) minutes of total oral argument
`time. Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in these proceedings are unpatentable by a preponderance of
`the evidence. 35 U.S.C. § 316(e). Therefore, Petitioner will open the
`hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial. After Petitioner’s presentation, Patent Owner will
`respond to Petitioner’s argument and present the issues for which it bears the
`ultimate burden. Next, Petitioner may reserve rebuttal time to respond to
`arguments presented by Patent Owner. Lastly, Patent Owner may reserve
`sur-rebuttal time; however, Patent Owner’s sur-rebuttal must be limited in
`scope to the issues Petitioner raises during its rebuttal time. The parties may
`also address any pending motions during their respective presentations.
`
`2
`
`
`
`IPR2018-01664
`Patent 8,872,646 B2
`
`
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed. Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`be served at least seven (7) business days before the hearing date. The
`parties also shall provide a courtesy copy of any demonstrative exhibits to
`the Board at least five (5) business days prior to the hearing by emailing
`them to Trials@uspto.gov. Demonstrative exhibits shall not be filed unless
`a party receives prior authorization from the Board.1
`The parties must arrange a conference call with the Board to discuss
`any objections to the demonstratives at least two (2) business days before
`the hearing. Any objection to demonstrative exhibits that is not raised
`during the conference call will be considered waived. The Board may
`reserve ruling on the objections until after the oral argument. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, Case IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits. No live testimony from any witness will be taken at
`the oral argument.
`If desired, a request for a pre-hearing conference must be made by
`December 9, 2019. To request such a conference, an email should be sent to
`Trials@uspto.gov including several dates and times of availability for one or
`both parties, as appropriate, that are generally no later than three (3)
`business days prior to the oral hearing.
`
`1 We exercise our authority under 37 C.F.R § 42.5(b) to waive or suspend
`the requirement of 37 C.F.R. § 42.70(b) that “[d]emonstrative exhibits must
`be . . . filed no later than the time of the oral argument.”
`
`3
`
`
`
`IPR2018-01664
`Patent 8,872,646 B2
`
`
`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, in whole or in part, 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 notify the Board via email no later than two
`(2) business days prior to the oral hearing.
`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 Trials@uspto.gov no later than 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 Board may accommodate the special request. Any special
`requests must be presented in a separate communication not less than seven
`(7) business days before the hearing.
`
`
`
`
`4
`
`
`
`IPR2018-01664
`Patent 8,872,646 B2
`
`PETITIONER:
`
`Naveen Modi
`Joseph E. Palys
`Phillip W. Citroën
`Michael A. Wolfe
`PAUL HASTINGS LLP
`naveenmodi@paulhastings.com
`josephpalys@paulhastings.com
`phillipcitroen@paulhastings.com
`michaelwolfe@paulhastings.com
`
`
`
`
`PATENT OWNER:
`Ryan Loveless
`Brett Mangrum
`James Etheridge
`Jeffrey Huang
`ETHERIDGE LAW GROUP
`ryan@etheridgelaw.com
`brett@etheridgelaw.com
`jim@etheridgelaw.com
`jeff@etheridgelaw.com
`
`
`
`5
`
`
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