`571-272-7822
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` Paper 32
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`Entered: October 6, 2014
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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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`FANDANGO, LLC, OPENTABLE, INC.,
`APPLE INC., DOMINO’S PIZZA, INC.,
`AND DOMINO’S PIZZA, LLC,
`Petitioner,
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`v.
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`AMERANTH, INC.,
`Patent Owner.
`____________
`
`Case CBM2014-00013
`Patents 6,982,733 B1
`____________
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`
`
`Before JAMESON LEE, MEREDITH C. PETRAVICK, and
`NEIL T. POWELL, Administrative Patent Judges.
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`LEE, Administrative Patent Judge.
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`
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`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`CBM2014-00013
`Patent 6,982,733 B1
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`According to the Scheduling Order dated March 26, 2014, oral argument
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`will be held on October 24, 2014, if requested. Paper 24. On September 19, 2014,
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`Patent Owner filed a request for oral argument. Paper 31.
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`The request is granted.
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`This proceeding has two related proceedings, i.e., CBM2014-00015 and
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`CBM2014-00016, both of which also have been scheduled for oral argument on
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`October 24, 2014. A consolidated oral argument for this proceeding and
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`CBM2014-00015 and CBM2014-00016 will be held. Each party will have 60
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`minutes of oral argument time for all three proceedings. The consolidated oral
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`argument will commence at 1:30 PM Eastern Time, on Friday, October 24, 2014.
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`Any representation made by counsel at the consolidated oral argument is
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`applicable to and useable in all proceedings which have proper underlying basis for
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`the representation. The Board will provide a court reporter for the oral argument
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`and the reporter’s transcript will constitute the official record of the oral argument.
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`The hearing transcript will be entered in the record of all three proceedings, i.e. in
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`CBM2014-00013, CBM2014-00015, and CBM2014-00016.
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`Petitioner bears the burden of proof that Patent Owner’s patent claims at
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`issue are unpatentable. Patent Owner bears the burden of proof to establish that it
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`is entitled to the relief requested in its motion to amend claims, if any. Therefore,
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`at oral argument, Petitioner will proceed first to present its case with respect to the
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`challenged patent claims and grounds with respect to which the Board instituted
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`trial. Patent Owner will then respond to Petitioner’s argument and also argue in
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`support of its motion to amend claims, if there is a motion to amend claims.
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`Each party may reserve time to respond to arguments presented by the other
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`party with some limitations. To the extent that Petitioner reserves time, it may
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`respond to Patent Owner’s presentation on all matters. To the extent that Patent
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`2
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`CBM2014-00013
`Patent 6,982,733 B1
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`Owner reserves time, it may respond only to Petitioner’s arguments opposing its
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`motion to amend claims, if any.
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`The hearing will be open to the public for in-person attendance, on the ninth
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`floor 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. The
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`Board expects lead counsel for each party to be present at oral hearing, although
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`any backup counsel may make the actual presentation, in whole or in part. If lead
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`counsel for any party will not be in attendance at oral hearing, the Board should be
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`notified via a joint telephone conference call no later than two business days prior
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`to the oral hearing to discuss the matter.
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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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`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 CBS
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`Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB October 23,
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`2013). No live testimony from any witness will be taken at the oral argument.
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`Requests for audio-visual equipment are to be made 5 days in advance of the
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`hearing date. The request is to be sent to Trials@uspto.gov. If the request is not
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`received timely, the equipment may not be available on the day of the hearing.
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`3
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`CBM2014-00013
`Patent 6,982,733 B1
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`For PETITIONER:
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`Richard Zembek
`Gilbert Greene
`richard.zembeck@nortonrosefulbright.com
`bert.greene@nortonrosefulbright.com
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`For Patent Owner:
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`John Osborne
`Michael Fabiano
`josborne@osborneipl.com
`mdfabiano@fabianolawfirm.com
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`4
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