`571-272-7822
`
`
`
` Paper 63
`
`Entered: December 5, 2013
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BLOOMBERG INC.; BLOOMBERG L.P.; BLOOMBERG FINANCE L.P.;
`THE CHARLES SCHWAB CORPORATION;
`CHARLES SCHWAB & CO., INC.;
`E*TRADE FINANCIAL CORPORATION; E*TRADE SECURITIES LLC;
`E*TRADE CLEARING LLC; OPTIONSXPRESS HOLDINGS INC.;
`OPTIONSXPRESS, INC.; TD AMERITRADE HOLDING CORP.;
`TD AMERITRADE, INC.; TD AMERITRADE IP COMPANY, INC.; and
`THINKORSWIM GROUP INC.
`Petitioners
`
`v.
`
`Patent of MARKETS-ALERT PTY LTD.
`Patent Owner
`____________
`
`Case CBM2013-00005
`Patent 7,941,357
`____________
`
`
`
`Before JAMESON LEE, SALLY C. MEDLEY, JONI Y. CHANG,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Case CBM2013-00005
`Patent 7,941,357
`
`
`
`On March 29, 2013, the instant covered business method patent review was
`
`instituted. Paper 18. Both parties requested an oral hearing pursuant to 37 C.F.R.
`
`§ 42.70. Papers 57 and 59. The requests are granted. The hearing will commence
`
`at 1:00 PM Eastern Time, on December 19, 2013.
`
`
`
`
`
`Each party will have sixty (60) minutes of total time to present arguments.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`
`issue are unpatentable. Therefore, at oral hearing, Petitioner will proceed first to
`
`present its case with respect to the challenged claims and grounds the Board
`
`instituted trial.
`
`Thereafter, Patent Owner will respond to Petitioner’s case, and also present
`
`its own case with regard to the motion to amend claims (Paper 39), as Patent
`
`Owner bears the burden of proof on its motion to amend claims. Patent Owner
`
`may reserve rebuttal time for its case as to the motion to amend claims.
`
`After that, Petitioner will make use of the remainder of its time responding
`
`to Patent Owner’s presentation on all matters. Finally, if Patent Owner reserves
`
`rebuttal time, Patent Owner will address only issues raised by Petitioner regarding
`
`the motion to amend claims.
`
`
`
`The hearing will commence at 1:00 PM Eastern Time, on December 19,
`
`2013, and it will be open to the public for in-person attendance, on the ninth floor
`
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia 22314.
`
`In-person attendance will be accommodated on a first come first serve basis.
`
`
`
`The Board will provide a court reporter for the hearing and the reporter’s
`
`transcript will constitute the official record of the hearing.
`
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`
`business days before the hearing. They shall be filed with the Board three business
`
`
`
`2
`
`
`
`Case CBM2013-00005
`Patent 7,941,357
`
`
`
`days prior to the hearing and the parties must initiate a conference call with the
`
`Board at least two business days prior to the hearing to resolve any dispute over the
`
`propriety of each party’s demonstrative exhibits. For guidance on what constitutes
`
`an appropriate demonstrative exhibit, the parties are directed to Paper 118 in
`
`IPR2013-00033 (October 23, 2013).
`
`
`
`The Board expects lead counsel for each party to be present at oral hearing,
`
`although any backup counsel may make the actual presentation, in whole or in part.
`
`If lead counsel for either party will not be in attendance at oral argument, the
`
`Board should be notified via a joint telephone conference call no later than two
`
`business days prior to the oral hearing to discuss the matter.
`
`
`
`
`
`
`
`PETITIONER:
`
`Michael T. Rosato
`Brian D. Range
`Wilson Sonsini Goodrich & Rosati
`Email: mrosato@wsgr.com
`Email: brange@wsgr.com
`
`
`PATENT OWNER:
`
`Andrew Choung
`Glaser Weil Fink Jacobs Howard Avchen & Shapiro, LLP
`Email: achoung@glaserweil.com
`
`William Fitzpatrick
`F. Robbe International
`Email: bill@frobbeintl.com
`
`
`
`3
`
`
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