Trials@uspto.gov
`571.272.7822
`
`
`
`Paper No. 28
`Date: May 20, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., INSTAGRAM, LLC,
`and WHATSAPP INC.,
`Petitioner
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`IPR2019-00706
`Patent 9,349,120 B2
`____________
`
`
`
`Before MICHAEL R. ZECHER, MIRIAM L. QUINN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 U.S.C. § 42.70
`
`
`571.272.7822
`
`
`
`Paper No. 28
`Date: May 20, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC., INSTAGRAM, LLC,
`and WHATSAPP INC.,
`Petitioner
`
`v.
`
`BLACKBERRY LIMITED,
`Patent Owner.
`____________
`
`IPR2019-00706
`Patent 9,349,120 B2
`____________
`
`
`
`Before MICHAEL R. ZECHER, MIRIAM L. QUINN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 U.S.C. § 42.70
`
`
`
`IPR2019-00706
`Patent 9,349,120 B2
`
`
`We instituted inter partes review in the above-identified case and
`issued a Scheduling Order setting June 10, 2020 as the date for oral hearing
`if requested by the parties under 37 C.F.R. § 42.70 and granted by the Board.
`Both parties have now requested oral hearing (see Papers 25, 26), and those
`requests are granted.
`Oral arguments will commence at 11:00 a.m. Eastern time on
`June 10, 2020, and will be conducted by video only. We grant 60 minutes
`of oral argument time to each party, for a total of two hours.
`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,
`and the oral hearing will be conducted telephonically.
`If one or both parties would prefer to participate in the 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.
`If at any time during the proceeding, a party encounters technical or
`other difficulties that fundamentally undermines the ability to adequately
`
`2
`
`
`
`IPR2019-00706
`Patent 9,349,120 B2
`
`represent a client, the party should let the panel know immediately, and
`adjustments will be made. 1
`Because Petitioner bears the ultimate burden of proof that the
`challenged claims are unpatentable, Petitioner will present its case first, but
`may reserve up to half of its argument time for rebuttal. Patent Owner will
`then respond to Petitioner’s case, and also will have the ability to reserve up
`to half of its time. Petitioner may then use any reserved time for rebuttal,
`and Patent Owner may present a sur-rebuttal with any reserved time.
`The Board expects lead counsel for each party to be present by video
`at the oral hearing. Any counsel of record may present the argument.
`Pursuant to 37 C.F.R. § 42.70(b), any demonstrative exhibits must be
`served no later than seven business days before the hearing date. They must
`be filed with the Board no later than five 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 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 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. The panel will
`
`
`1 For example, if a party is experiencing a poor connection, the Board may
`provide alternate dial-in information.
`
`3
`
`
`
`IPR2019-00706
`Patent 9,349,120 B2
`
`consider the objections and schedule a conference call if necessary, and my
`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 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).
`Not less than five 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 Board 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 also result in audio lag, the parties are advised to observe a pause prior
`to speaking, so as to avoid speaking over others.
`Members of the public may request to listen in on this oral hearing
`and, if resources are available, the Board generally expects to grant such
`requests. If either party objects to the Board granting such requests, for
`example, because confidential information may be discussed, the party must
`
`4
`
`
`
`IPR2019-00706
`Patent 9,349,120 B2
`
`notify the Board by contacting PTABHearings@uspto.gov at least five
`business days prior to the oral hearing date.
`
`FOR PETITIONER:
`
`Heidi L. Keefe
`Andrew C. Mace
`COOLEY LLP
`hkeefe@cooley.com
`amace@cooley.com
`
`FOR PATENT OWNER:
`
`James M. Glass
`Ognjen Zivojnovic
`Sam Stake
`Alex Wolinsky
`John McKee
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`jimglass@quinnemanuel.com
`ogizivojnovic@quinnemanuel.com
`samstake@quinnemanuel.com
`alexwolinsky@quinnemanuel.com
`johnmckee@quinnemanuel.com
`
`
`5
`
`
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