Trials@uspto.gov
`571-272-7822
`
`
`
`Paper No. 27
` Entered: March 19, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner
`
`v.
`
`QUALCOMM INCORPORATED,
`Patent Owner
`____________
`
` IPR2019-000471
` IPR2019-000481
` IPR2019-000491
`Patent 9,154,356 B2
`____________
`
`
`
`Before MICHELLE N. WORMMEESTER, SCOTT B. HOWARD, and
`AARON W. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 U.S.C. § 42.70
`
`
`1 This Order for a consolidated hearing is filed in each case. The parties are
`not authorized to use this style heading.
`
`
`571-272-7822
`
`
`
`Paper No. 27
` Entered: March 19, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner
`
`v.
`
`QUALCOMM INCORPORATED,
`Patent Owner
`____________
`
` IPR2019-000471
` IPR2019-000481
` IPR2019-000491
`Patent 9,154,356 B2
`____________
`
`
`
`Before MICHELLE N. WORMMEESTER, SCOTT B. HOWARD, and
`AARON W. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 U.S.C. § 42.70
`
`
`1 This Order for a consolidated hearing is filed in each case. The parties are
`not authorized to use this style heading.
`
`
`
`IPR2019-00047
`IPR2019-00048
`IPR2019-00049
`Patent 9,154,356 B2
`
`
`In each of the above-identified cases, we instituted inter partes review
`and issued a Scheduling Order setting April 7, 2020 as the date for oral
`hearing if requested by the parties and granted by the Board. Both parties
`have requested oral hearing in all three cases under 37 C.F.R. § 42.70, and
`those requests are granted.
`Oral arguments will commence at 1:00 p.m. on April 7, 2020, and
`will be conducted by video only. We grant 90 minutes of oral argument
`time to each party, for a total of three hours. Because Petitioner bears the
`ultimate burden of proof that the challenged claims are unpatentable,
`Petitioner will proceed first to present its case as to all challenges to the
`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.
`Patent Owner may similarly 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.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. No live
`testimony from any witness will be taken at the oral argument.
`Each party must contact PTAB Hearings at (571) 272-9797 five
`business days prior to the oral hearing date to receive video set-up
`information. All arrangements and the expenses involved with appearing
`by video, such as the selection of the facility from which a party will attend
`by video, must be borne by that party. If a video connection cannot be
`established, the parties will be provided with dial-in connection information,
`
`2
`
`
`
`IPR2019-00047
`IPR2019-00048
`IPR2019-00049
`Patent 9,154,356 B2
`
`and the oral hearing will be conducted telephonically. If one or both parties
`would prefer to participate in the oral hearing telephonically, they should
`notify PTAB Hearings at the above telephone number five business days
`prior to the hearing to receive dial-in connection information.
`Pursuant to 37 C.F.R. § 42.70(b), any demonstrative exhibits must be
`served no later than seven (7) business days before the hearing date, and
`filed with the Board no later than five (5) business days before the hearing
`date. Demonstrative exhibits are merely a visual aid for use at the hearing
`and are not evidence and may not introduce new arguments or evidence.
`The parties shall meet and confer to discuss any objections to
`demonstrative exhibits at least three (3) business days before the hearing. If
`any issues regarding demonstrative exhibits remain unresolved after the
`parties meet and confer, the parties may file jointly a one-page list of
`objections to the demonstrative exhibits at least two (2) business days before
`the hearing. For each objection, the list must identify with particularity the
`demonstrative exhibits that are subject to the objection and include a short,
`one-sentence statement explaining the objection. Any objection to
`demonstrative exhibits that is not presented timely will be considered
`waived. We will consider the objections and schedule a conference call if
`necessary. We may reserve ruling on the objections until after the oral
`hearing. For further guidance regarding the appropriate content of
`demonstrative exhibits, the parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. Board of Regents of the University of Michigan,
`IPR2013-00041, Paper 65 (PTAB Jan. 27, 2014). See also CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 (PTAB
`
`3
`
`
`
`IPR2019-00047
`IPR2019-00048
`IPR2019-00049
`Patent 9,154,356 B2
`
`Oct. 23, 2013) (explaining that the Board has the discretion to limit
`demonstratives to pages in the record should there be no easy resolution to
`objections over demonstratives).
`The parties are directed to contact the Board at least 10 days in
`advance of the hearing if there are any concerns about disclosing
`confidential information.
`The Board expects lead counsel for each party to be present by video
`at the oral hearing. Any counsel of record may present the party’s argument
`as long as that counsel is present by video if the hearing is by video.
`Not less than five (5) days before the hearing, a party may direct any
`special requests related to appearing, such as a request to accommodate
`visual or hearing impairments, to PTABHearings@uspto.gov, and should
`indicate how the PTAB might accommodate the request.
`The panel will have access to all papers filed with the Board,
`including demonstratives. During the oral hearing, the parties are advised to
`identify clearly and specifically each demonstrative referenced (e.g., by slide
`or screen number) to ensure the clarity and accuracy of the court reporter’s
`transcript. In addition, the parties are advised to identify themselves each
`time they speak. Furthermore, because the remote nature of the oral hearing
`may result in an audio lag, the parties are advised to observe a pause prior to
`speaking, so as to avoid speaking over others.
`
`
`4
`
`
`
`IPR2019-00047
`IPR2019-00048
`IPR2019-00049
`Patent 9,154,356 B2
`
`FOR PETITIONER:
`
`David Cavanaugh
`John Hobgood
`Ben Fernandez
`WILMER CUTLER PICKERING HALE
`AND DORR LLP
`david.cavanaugh@wilmerhale.com
`john.hobgood@wilmerhale.com
`ben.fernandez@wilmerhale.com
`
`FOR PATENT OWNER:
`
`David B. Cochran
`Matthew W. Johnson
`Joseph M. Sauer
`Joshua R. Nightingale
`David M. Maiorana
`Thomas W. Ritchie
`JONES DAY
`dcochran@jonesday.com
`mwjohnson@jonesday.com
`jmsauer@jonesday.com
`jrnightingale@jonesday.com
`dmaiorana@jonesday.com
`twritchie@jonesday.com
`
`
`
`
`
`5
`
`
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