Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 32
`Entered: August 26, 2021
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`
`IPR2020-00861 (Patent 10,230,898 B2)
` IPR2020-00862 (Patent 10,356,332 B2)1
`
`
`
`
`Before BRYAN F. MOORE, MONICA S. ULLAGADDI, and
`BRENT M. DOUGAL, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Parties’ Requests for a Trial Hearing
`37 C.F.R. § 42.70(a)
`
`
`
`
`
`1 This Order addresses issues that are common to the above proceedings.
`We exercise our discretion to issue one Order to be filed in each proceeding.
`The parties are may not use this style caption unless authorized by the
`Board.
`
`
`571-272-7822
`
`
`
`
`Paper 32
`Entered: August 26, 2021
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`
`IPR2020-00861 (Patent 10,230,898 B2)
` IPR2020-00862 (Patent 10,356,332 B2)1
`
`
`
`
`Before BRYAN F. MOORE, MONICA S. ULLAGADDI, and
`BRENT M. DOUGAL, Administrative Patent Judges.
`
`MOORE, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Parties’ Requests for a Trial Hearing
`37 C.F.R. § 42.70(a)
`
`
`
`
`
`1 This Order addresses issues that are common to the above proceedings.
`We exercise our discretion to issue one Order to be filed in each proceeding.
`The parties are may not use this style caption unless authorized by the
`Board.
`
`
`
`IPR2020-00861 (Patent 10,230,898 B2)
`IPR2020-00862 (Patent 10,356,332 B2)
`
`
`On July 27, 2021, the parties filed requests for oral argument in the
`above-captioned proceedings. Papers 27, 28. Patent Owner requested 60
`minutes of argument time for each proceeding and Petitioner requested 75
`minutes of total argument time for both proceedings. Id.
`The parties’ requests for oral argument are granted in part. After
`considering the specific issues to be argued that were identified by the
`parties in their requests for oral argument, we determine that 45 minutes of
`oral argument time for each party in each case for a total of 90 minutes per
`party for both cases should be sufficient. Oral arguments will commence at
`9:00 AM Eastern Daylight Time on Thursday, September 9, 2021, by
`video. 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 during the hearing, which will be open to the
`public. 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 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.2
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov 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
`
`2 For example, if a party is experiencing poor video quality, the Board may
`provide alternate dial-in information.
`
`2
`
`
`
`
`IPR2020-00861 (Patent 10,230,898 B2)
`IPR2020-00862 (Patent 10,356,332 B2)
`
`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 email
`address five business days prior to the hearing to receive dial-in connection
`information.
`Petitioner has the burden of persuasion and, as a consequence,
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims. Patent Owner then will respond to Petitioner’s
`presentation. Petitioner may reserve rebuttal time (of no more than half its
`total argument time) to reply to Patent Owner’s arguments. Patent Owner
`may reserve sur-rebuttal time (of no more than half its total argument time)
`to respond to Petitioner’s rebuttal.
`The parties shall serve on opposing counsel any demonstrative
`exhibits at least seven (7) business days prior to the hearing. The parties
`also shall provide the demonstrative exhibits to the Board at least three (3)
`business days prior to the hearing by emailing them to
`PTABHearings@uspto.gov. The parties shall not file any demonstrative
`exhibits in this proceeding, without prior authorization from the Board.
`We remind the parties that demonstrative exhibits are not evidence,
`but are intended to assist the parties in presenting their oral arguments to the
`Board. We also remind the parties that demonstrative exhibits are not a
`mechanism for making arguments not previously addressed in the papers.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, Case IPR2013-00041
`3
`
`
`
`
`IPR2020-00861 (Patent 10,230,898 B2)
`IPR2020-00862 (Patent 10,356,332 B2)
`
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits, which must include citations to the
`record.
`To the extent that the parties object to the propriety of any
`demonstrative exhibits, we expect the parties will meet and confer in good
`faith to resolve any objections to demonstrative exhibits. If such objections
`cannot be resolved, the parties shall file jointly a one-page list of objections
`to demonstratives with the Board at least two (2) business days before the
`hearing. The objections should identify with particularity the portions of
`each demonstrative exhibit subject to objection, include a copy of the
`objected-to portions, and include a one-sentence statement of the reason for
`each objection. No further argument or explanation is permitted. We will
`consider any objections and schedule a conference call if deemed necessary.
`Otherwise, we will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`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.
`
`4
`
`
`
`
`IPR2020-00861 (Patent 10,230,898 B2)
`IPR2020-00862 (Patent 10,356,332 B2)
`
`
`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.
`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.
`
`ORDER
`In view of the foregoing, it is, therefore,
`ORDERED that the parties’ requests for oral hearing are granted in
`part subject to the conditions set forth above in this Order; and
`FURTHER ORDERED that a video oral hearing, conducted pursuant
`to the procedures outlined above, shall commence at 9:00 AM Eastern
`Daylight Time on Thursday, September 9, 2021.
`
`
`
`5
`
`
`
`
`IPR2020-00861 (Patent 10,230,898 B2)
`IPR2020-00862 (Patent 10,356,332 B2)
`
`For PETITIONER:
`David O’Brien
`Andrew Ehmke
`Hong Shi
`HAYNES & BOONE LLP
`David.obrien.ipr@haynesboone.com
`Andy.ehmke.ipr@haynesboone.com
`Hong.shi.ipr@haynesboone.com
`
`For PATENT OWNER:
`Neil Rubin
`C. Jay Chung
`RUSS AUGUST & KABAT
`nrubin@raklaw.com
`jchung@raklaw.com
`
`
`6
`
`
`
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