Trials@uspto.gov
`571.272.7822
`
`
` Paper No. 32
` Entered: May 21, 2020
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`VELOS MEDIA, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00757
`Patent 9,930,365 B2
`____________
`
`
`
`Before MONICA S. ULLAGADDI, JASON MELVIN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`ULLAGADDI, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`571.272.7822
`
`
` Paper No. 32
` Entered: May 21, 2020
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`VELOS MEDIA, LLC,
`Patent Owner.
`____________
`
`Case IPR2019-00757
`Patent 9,930,365 B2
`____________
`
`
`
`Before MONICA S. ULLAGADDI, JASON MELVIN, and
`AARON W. MOORE, Administrative Patent Judges.
`
`ULLAGADDI, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2019-00757
`Patent 9,930,365 B2
`
`
`We instituted inter partes review in the instant proceeding on
`September 11, 2019. Paper 7. The Scheduling Order set June 16, 2020 as
`the date for oral argument. Paper 8. Petitioner filed a request for oral
`argument pursuant to 37 C.F.R. § 42.70(a). Paper 28. Patent Owner also
`filed a request for oral argument pursuant to 37 C.F.R. § 42.70(a). Paper 29.
`These requests are granted.
`Oral arguments will commence at 9:00 AM ET on June 16, 2020, by
`video. The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing.
`Patent Owner requests a bifurcated hearing in which non-confidential
`issues are presented in one portion of the hearing, and confidential issues are
`presented in a separate portion of the hearing. Paper 29, 2. In view of that
`request, the public will not be allowed live access to the hearing, and the
`parties shall ensure that anyone with access through their connections during
`discussion of confidential information be entitled to view such confidential
`information under the terms of the Board’s default Protective Order filed as
`Exhibit 1022. During the remainder of the discussion (non-confidential
`information), a party’s counsel may allow access to additional persons
`through the counsel’s connection, but counsel will be responsible for
`ensuring that any such person would not have access to confidential
`information discussed at the hearing. Any confidential portions of the
`hearing will be identified during the hearing, and the subsequently entered
`transcript will be public except for those portions.
`The parties are directed to contact the Board at least 10 days in
`advance of the hearing if there are any additional concerns about disclosing
`confidential information.
`
`2
`
`
`
`IPR2019-00757
`Patent 9,930,365 B2
`
`
`If at any time during the proceeding, you encounter technical or other
`difficulties that fundamentally undermine your ability to adequately
`represent your client, please let the panel know immediately, and
`adjustments will be made.1
`To facilitate planning, 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. As a reminder, all arrangements and the expenses
`involved with appearing by video, such as the selection of the facility to be
`used 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 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.
`Each party shall have 60 minutes of total time to present arguments.
`Petitioner bears the ultimate burden of proof that the claims at issue are
`unpatentable. Therefore, Petitioner will argue patentability first and may
`present arguments with regard to the challenged claims, reserving no more
`than half its time for rebuttal and for the confidential portion of the hearing.
`Patent Owner will then have the opportunity to respond to Petitioner’s
`arguments, reserving no more than half its time as desired, and present any
`issues for which it bears the ultimate burden. Next, Petitioner may use any
`
`
`1 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`3
`
`
`
`IPR2019-00757
`Patent 9,930,365 B2
`
`
`time it has reserved for rebuttal to respond to Patent Owner’s arguments.
`Then, Patent Owner may use any time it has reserved for sur-rebuttal to
`respond to Petitioner’s arguments on patentability. The confidential portion
`of the hearing will proceed in a similar fashion, to be decided at the outset of
`the hearing.
`Per the Consolidated Trial Practice Guide, either party may request a
`pre-hearing conference (Patent Trial and Appeal Board Consolidated Trial
`Practice Guide November 2019 (found at the following link to the USPTO
`website https://www.uspto.gov/TrialPracticeGuideConsolidated)). Requests
`for a pre-hearing conference must be made by May 29, 2020. 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. Please refer to the Guide for more information on the prehearing
`conference.
`Demonstrative exhibits are visual aids to oral argument and not
`evidence, and shall be clearly marked as such. For example, each slide may
`be marked with the words “DEMONSTRATIVE EXHIBIT – NOT
`EVIDENCE” in the footer. Demonstrative exhibits may not be used to
`advance arguments or introduce evidence not previously presented in the
`record. See Dell Inc. v. Acceleron, LLC, 884 F.3d 1364, 1369 (Fed. Cir.
`2018) (noting that the “Board was obligated to dismiss [the petitioner’s]
`untimely argument . . . raised for the first time during oral argument”).
`Instead, demonstrative exhibits should cite to the briefs and evidence in the
`record. The parties shall serve any demonstrative exhibits on opposing
`counsel at least seven (7) business days before the hearing. 37 C.F.R.
`§ 42.70(b). The parties shall also provide a copy of any demonstrative
`
`4
`
`
`
`IPR2019-00757
`Patent 9,930,365 B2
`
`
`exhibits to the Board no later than three (3) business days before the hearing
`by emailing them to PTABHearings@uspto.gov. Notwithstanding 37 C.F.R.
`§ 42.70(b), the parties shall not file demonstrative exhibits in these
`proceedings.
`The Board generally 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.
`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 a video oral hearing, such as a request to
`accommodate 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.
`Please unmute yourself only when speaking. 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, the
`remote nature of the oral hearing may also result in an audio lag, and so the
`parties are advised to observe a pause prior to speaking, so as to avoid
`speaking over others.
`
`5
`
`
`
`
`
`IPR2019-00757
`Patent 9,930,365 B2
`
`PETITIONER:
`Eric A. Buresh
`Michelle Callaghan
`ERISE IP, P.A
`eric.buresh@eriseip.com
`michelle.callaghan@eriseip.com
`
`Ashraf Fawzy
`Roshan Mansinghani
`UNIFIED PATENTS INC.
`afawzy@unifiedpatents.com
`roshan@unifiedpatents.com
`
`
`PATENT OWNER:
`
`Brent N. Bumgardner
`Thomas C. Cecil
`Barry J. Bumgardner
`Matthew C. Juren
`NELSON BUMGARDNER ALBRITTON P.C
`bbumgardner@nbclaw.net
`tom@nelbum.com
`barry@nelbum.com
`matthew@nelbum.com
`
`6
`
`
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