`Entered: February 26, 2014
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`Trials@uspto.gov
`Tel: 571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`U.S. BANCORP
`Petitioner
`
`v.
`
`RETIREMENT CAPITAL ACCESS COMPANY LLC
`Patent Owner
`____________
`
`Case CBM2013-00014
` Patent 6,625,582
`____________
`
`Before GLENN J. PERRY, THOMAS L. GIANNETTI, and TRENTON A.
`WARD, Administrative Patent Judges.
`
`GIANNETTI, Administrative Patent Judge.
`
`
`ORDER
`Conduct of Proceeding
`37 C.F.R. § 42.5
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`
`
`
`
`Case CBM2013-00014
` Patent 6,625,582
`
`
`
`The Scheduling Order in this proceeding sets the date for oral hearing to
`April 1, 2014, if a hearing is requested by the parties and granted by the Board.
`Both Petitioner and Patent Owner have requested oral hearing pursuant to
`37 C.F.R. § 42.70. The requests for oral hearing are granted. Each party will
`have one hour to present arguments.
`As Petitioner bears the ultimate burden of proof that Patent Owner’s claims
`at issue in this review are unpatentable, Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which the Board instituted
`trial. Patent Owner will then respond to Petitioner’s argument. Petitioner may
`reserve time to respond to arguments presented by the Patent Owner.
`The hearing will commence at 1 PM, on April 1, 2014, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. The Board will
`provide a court reporter for the hearing and the reporter’s transcript will constitute
`the official record of the hearing.
`There are no motions to seal in the present proceeding. Accordingly, the
`Board exercises its discretion to make the final hearing publically available via in-
`person attendance. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
`deposition testimony must file such testimony as an exhibit. The Board will not
`consider any deposition testimony that has not been so filed. Furthermore, under
`37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least five business
`days before the hearing date. The Board requests also that such exhibits be filed at
`the Board at least five business days before the hearing. The parties must file any
`objections to the demonstratives with the Board at least two business days before
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`2
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`Case CBM2013-00014
` Patent 6,625,582
`
`the hearing. Any objection to demonstrative exhibits that is not timely presented
`will be considered waived. The objections should identify with particularity which
`demonstratives are subject to objection, and include a short (one sentence or less)
`statement of the reason for each objection. No argument or further explanation is
`permitted. The Board will consider the objections and schedule a conference if
`deemed necessary. Otherwise, the Board will reserve ruling on the objections until
`after the oral argument.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, any counsel of record may present the party’s argument. If
`either party expects that its lead counsel will not be attending the oral argument,
`the parties should initiate a joint telephone conference with the Board no later than
`two business days prior to the oral hearing to discuss the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov .
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`3
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`Case CBM2013-00014
` Patent 6,625,582
`
`PETITIONER:
`
`Anthony Son
`Brian Pandya
`Ryan Corbett
`WILEY REIN LLP
`ason@wileyrein.com
`bpandya@wileyrein.com
`rcorbett@wileyrein.com
`
`PATENT OWNER:
`
`Casey Griffith
`Shital Desai
`KLEMCHUK KUBASTA LLP
`casey.griffith@kk-llp.cpm
`sita.desai@kk-llp.com
`
`4
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