Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 20
`Entered: October 26, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`MARVELL SEMICONDUCTOR, INC.
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`
`
`
`Before JAMESON LEE, KEVIN F. TURNER, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing Notice
`37 C.F.R. § 42.70
`
`
`
`
`571-272-7822
`
`
`
`
`
`Paper 20
`Entered: October 26, 2020
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`MARVELL SEMICONDUCTOR, INC.
`Petitioner,
`
`v.
`
`UNILOC 2017 LLC,
`Patent Owner.
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`
`
`
`Before JAMESON LEE, KEVIN F. TURNER, and
`MICHELLE N. WORMMEESTER, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing Notice
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`
`On February 4, 2020, we instituted inter partes review in the instant
`proceeding and issued a Scheduling Order setting the date for oral argument
`to November 12, 2020. See Papers 9, 10. The parties filed requests for oral
`argument pursuant to 37 C.F.R. § 42.70(a). Papers 16, 19. Both parties
`request an oral argument conducted by remote videoconferencing. Id.
`Petitioner requests that a joint hearing be conducted for IPR2019-
`01349 and IPR2019-01350, with each party given 75 minutes of total
`argument time for the two proceedings, and Patent Owner agrees. Id.
`Oral arguments will commence at 1:00 PM Eastern Time on
`November 12, 2020, by video. A joint oral argument will be held for
`IPR2019-01349 and IPR2019-01350, with each party given 75 minutes of
`total argument time for the two proceedings. 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 will provide
`a court reporter for the hearing, and the reporter’s transcript will constitute
`the official record of the hearing.
`If at any time during the hearing, counsel encounter technical or other
`difficulties that fundamentally undermine counsel’s ability to adequately
`represent a party, the problem should be brought to the attention of the panel
`immediately, and adjustments will be made.1
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov five business days prior to the oral argument
`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
`
`
`1 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`
`
`2
`
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`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 hearing
`telephonically, they should notify PTAB Hearings at the above email
`address five business days prior to the hearing to receive dial-in connection
`information.
`Each side will receive 75 minutes of total presentation time to present
`all arguments. See Consolidated Trial Practice Guide (November 2019) at
`81, available at
`https://www.uspto.gov/sites/default/files/documents/tpgnov.pdf?MURL=; see
`also 84 Fed. Reg. 64,280 (Nov. 21, 2019) (“The Board expects to ordinarily
`provide for an hour of argument per side for a single proceeding, but a party
`may request more or less time depending on the circumstances of the
`case.”). Petitioner will open the hearing by presenting its case regarding the
`unpatentability of the challenged claims. Patent Owner then will respond to
`Petitioner’s presentation. Petitioner may reserve rebuttal time (of no more
`than half their total presentation time) to reply to Patent Owner’s arguments.
`Patent Owner may reserve sur-rebuttal time (of no more than half its total
`presentation time) to respond to Petitioner’s rebuttal. See Consolidated Trial
`Practice Guide (November 2019) at 83.
`No live testimony from any witness will be taken at the oral argument
`unless authorized by further order. If a party wishes to present live
`testimony during oral argument, that party should confer with the other side
`and the parties shall jointly request a conference call with the Board in
`
`
`
`3
`
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`which to make the request no later than three business days from the date of
`this Order, together with a proposed plan for the remainder of this
`proceeding.
`For other issues, either party may request a pre-hearing conference by
`the date set forth in our Scheduling Order. See Consolidated Trial Practice
`Guide (November 2019) at 82; see also 84 Fed. Reg. 64,280 (Nov. 21,
`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 business
`days prior to the oral hearing. Please refer to the Office Trial Practice Guide
`for more information on the pre-hearing conference.
`At least seven (7) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibit(s) it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). Demonstrative exhibits used at the
`oral hearing are aids to oral argument and not evidence, and should be
`clearly marked as such. For example, each slide may be marked with the
`words “DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`See Office Consolidated Trial Practice Guide, November 2019 Edition, 84.
`Demonstrative exhibits cannot 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 must cite
`to evidence in the record. Demonstrative exhibits, marked as noted above,
`should be filed with the Board in accordance with 37 C.F.R. § 42.70(b) at
`least five (5) business days before the hearing.
`
`
`
`4
`
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`
`The parties should attempt to work out any objections to
`demonstratives prior to involving the Board. Should either party disagree
`with the propriety of any of the opposing parties’ demonstratives, the party
`may send, two (2) business days prior to the hearing, an email to
`Trials@uspto.gov including a paper limited to identifying the opposing
`parties’ slide(s) objected to and a brief sentence as to the general basis of the
`objection. No further argument is permitted in that paper. The Board will
`then take the objections under advisement, and if the content is
`inappropriate, it will not be considered. Any objection to demonstrative
`exhibits that is not timely presented may be considered waived. The Board
`asks the parties to confine demonstrative exhibit objections to those
`identifying egregious violations that are prejudicial to the administration of
`justice. 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. In general, if the content on a
`slide cannot be readily associated with an argument made, or evidence
`referenced, in a substantive paper, it is inappropriate. The best practice is to
`indicate on each slide where support may be found in a substantive paper
`and/or an exhibit of record in this proceeding.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. As noted above, all members of the panel will be
`attending the hearing electronically from a remote location. If a
`demonstrative exhibit is not emailed to the Board or otherwise made fully
`
`
`
`5
`
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`available or visible to all judges at the hearing, that demonstrative exhibit
`will not be considered. If the parties have questions as to whether
`demonstrative exhibits would be sufficiently visible and available to all of
`the judges, the parties are invited to contact the Board at (571) 272-9797.
`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.
`Unless speaking, a hearing participant should remain muted. The
`panel will have access to all papers filed with the Board, including
`demonstratives. 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.
`Members of the public may request to listen in on this oral hearing. 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 notify the
`Board by contacting PTABHearings@uspto.gov at least five business days
`prior to the oral hearing date.
`
`
`
`6
`
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`
`It is
`ORDERED that oral argument will commence at 1:00 PM (ET) on
`November 12, by video; and
`FURTHER ORDERED that the oral argument will be a joint hearing
`for IPR2019-01349 and IPR2019-01350.
`
`
`
`
`
`
`
`
`7
`
`
`
`IPR2019-01350
`Patent 7,016,676 B2
`
`For Petitioner:
`Harper Batts
`Jeffrey Liang
`Chris Ponder
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`hbatts@sheppardmullin.com
`jliang@sheppardmullin.com
`cponder@sheppardmullin.com
`
`For 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
`
`
`
`
`8
`
`
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