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`
`
`IPR2019-00706
`U.S. Patent No. 9,349,120
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`FACEBOOK, INC., INSTAGRAM, LLC and WHATSAPP INC.,
`Petitioners
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner
`
`
`
`Case No. IPR2019-00706
`U.S. Patent No. 9,349,120 B2
`
`
`
`
`PETITIONERS’ REQUEST FOR ORAL HEARING
`
`
`
`
`
`
`
`

`

`
`
`
`
`
`IPR2019-00706
`
`U.S. Patent No. 9,349,120
` Pursuant to 37 C.F.R. § 42.70(a), Petitioners Facebook, Inc., Instagram,
`
`LLC, and WhatsApp Inc. request an oral hearing on all grounds of unpatentability
`
`raised in this proceeding. Petitioners also request oral hearing on any issues raised
`
`by Patent Owner in its Request for Oral Hearing, any procedural or evidentiary
`
`issues raised by the parties, and any additional issues or questions raised by the
`
`Board or the parties before or during the oral argument.
`
`Petitioners request 30 minutes total to address all of the issues involved in
`
`this proceeding. To the extent the Board schedules the hearing to last more than 60
`
`minutes total, however, Petitioners request that they should be given half the length
`
`of the hearing to address these issues.
`
`
`
`Petitioners further request that they be permitted to speak first at oral
`
`argument as the party bearing the burden of showing the unpatentability of the
`
`challenged claims, and that they be permitted to reserve time for rebuttal following
`
`Patent Owner’s allotted argument time.
`
`
`
`Unless the March 13 Order requiring all oral arguments to occur
`
`telephonically is still in effect, Petitioners request that the oral hearing be held as
`
`scheduled at the USPTO headquarters in Alexandria, Virginia, to the extent
`
`practicable including the capacity of the hearing room. Petitioners believe that
`
`there will be no more than four attorneys and clients present for this oral hearing.
`
`
`
`
`
`-1-
`
`
`
`

`

`
`
`
`
`
`
`IPR2019-00706
`
`U.S. Patent No. 9,349,120
`Should arguments take place in person, Petitioners also request that their
`
`attorneys be allowed to use computers at the hearing (in addition to the counsel
`
`making the argument using his or her computer to show the demonstratives) to
`
`avoid the need for the parties to bring entire paper copies of the record into the
`
`hearing room and to facilitate efficient answering of panel questions. Petitioners
`
`further request the use of audio-visual equipment suitable to display papers of
`
`record and demonstrative exhibits, including a computer-connectable projector, an
`
`ELMO, and a screen.
`
`Petitioners further request the services of a court report to transcribe the
`
`proceeding.
`
`
`Dated: April 22, 2020
`
`COOLEY LLP
`ATTN: Patent Group
`1299 Pennsylvania Avenue NW
`Suite 700
`Washington, DC 20004
`Tel: (650) 843-5001
`Fax: (650) 849-7400
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`Respectfully submitted,
`
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`Counsel for Petitioners
`
`
`
`
`
`-2-
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`IPR2019-00706
`U.S. Patent No. 9,349,120
`
`CERTIFICATE OF SERVICE
`
`I hereby certify, pursuant to 37 C.F.R. Section 42.6, that a complete copy of
`the attached PETITIONERS’ REQUEST FOR ORAL HEARING and related
`documents, are being served via electronic mail on the 22d day of April, 2020, upon
`Patent Owner by serving Patent Owner's counsel of record as follows:
`
`
`James M. Glass
`Ogi Zivojnovic
`Sam Stake
`John McKee
`QUINN EMANUEL URQUHART &
`
`SULLIVAN LLP
`qe-blackberry-ipr@quinnemanuel.com
`
`
`DATED: April 22, 2020
`
`
`
`/ Heidi L. Keefe /
`Heidi L. Keefe
`Reg. No. 40,673
`COOLEY LLP
`1299 Pennsylvania Ave. NW
`Suite 700
`Washington, D.C. 20004
`Tel: (650) 843-5001
`
`
`
`
`
`-3-
`
`
`
`

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