throbber
Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`
`
`
`
`
`
` Paper 65
` Entered: Nov. 20, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN EXPRESS COMPANY, AMERICAN EXPRESS TRAVEL
`RELATED SERVICES COMPANY, INC., EXPEDIA, INC.,
`HOTELS.COM LP, HOTELS.COM GP, LLC, HOTWIRE, INC., ORBITZ
`WORLDWIDE, INC., PRICELINE.COM, INC., TRAVELOCITY.COM
`LP, and YAHOO! INC.,
`Petitioner,
`
`v.
`
`METASEARCH SYSTEMS, LLC,
`Patent Owner.
`____________
`
`Case CBM2014-00001
`Patent 8,326,924 B1
`____________
`
`
`Before HOWARD B. BLANKENSHIP, KARL D. EASTHOM, and
`BARBARA A. BENOIT, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.10
`
`
`
`
`
`
`
`

`

`CBM2014-00001
`Patent 8,326,924 B1
`
`
`We instituted a covered business patent review on March 20, 2014.
`Paper 29. Both parties requested a hearing pursuant to 37 C.F.R. § 42.70.
`Papers 63, 64. The requests are granted.
`Each party will have ninety (90) minutes of total argument time.
`Petitioner bears the ultimate burden of proving that the claims at issue are
`unpatentable. Therefore, Petitioner will proceed first to present its case with
`regard to the challenged claims. Thereafter, Patent Owner will respond to
`Petitioner’s case and also may present its case with regard to its Motion to
`Amend claims. See Paper 46. Patent Owner bears the burden of proof on its
`Motion to Amend. After Patent Owner’s case, Petitioner, using any reserved
`time, may respond to Patent Owner on all issues. Finally, Patent Owner,
`using any reserved time, may respond to Petitioner concerning the Motion to
`Amend.
`The hearing will commence at 10:00 AM Eastern Time on December
`5, 2014, and will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`In-person attendance will be accommodated on a first-come, first-served
`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 prior to the hearing. See CBS Interactive Inc. v. Helferich
`Patent Licensing, LLC, IPR2013-00033 (October 23, 2013) (Paper 118)
`(demonstrative exhibit requirements). At least two (2) business days prior to
`the hearing, the demonstrative exhibits shall be filed at the Board, and the
`
`2
`
`

`

`CBM2014-00001
`Patent 8,326,924 B1
`
`parties must initiate a conference call with the Board to resolve any dispute
`over the propriety thereof. An untimely request to resolve any dispute over
`the propriety of the demonstrative exhibits will be considered waived.
`
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made five (5) days in advance of the hearing date at
`Trials@uspto.gov. An untimely request may render the equipment
`unavailable on the day of the hearing.
`The Board expects lead counsel for each party to be present at
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`Board should be notified via a joint telephone conference call no later than
`two (2) days prior to the hearing to discuss the matter.
`For the foregoing reasons, it is ORDERED that each request for an
`oral hearing is granted as set forth above.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`3
`
`

`

`CBM2014-00001
`Patent 8,326,924 B1
`
`For PETITIONER:
`
`John D. Vandenberg
`Kristen L. Reichenbach
`KLARQUIST SPARKMAN, LLP
`john.vandenberg@klarquist.com
`kristen.reichenbach@klarquist.com
`
`For PATENT OWNER:
`
`Cyrus A. Morton
`Ryan M. Schultz
`ROBINS, KAPLAN, MILLER, & CIRESI LLP
`CAMorton@rkmc.com
`RMSchultz@rkmc.com
`
`
`
`4
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket