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