`571-272-7822
`
`
`
` Paper 30
`
`Entered: October 6, 2014
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AGILYSYS, INC., ET AL.,
`Petitioner,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`____________
`
`Case CBM2014-00015
`Patents 6,384,850 B1
`____________
`
`
`
`Before JAMESON LEE, MEREDITH C. PETRAVICK, and
`NEIL T. POWELL, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`CBM2014-00015
`Patent 6,384,850 B1
`
`
`According to the Scheduling Order dated March 26, 2014, oral argument
`
`will be held on October 24, 2014, if requested. Paper 21. On September 19, 2014,
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`Patent Owner filed a request for oral argument. Paper 29.
`
`The request is granted.
`
`This proceeding has two related proceedings, i.e., CBM2014-00013 and
`
`CBM2014-00016, both of which also have been scheduled for oral argument on
`
`October 24, 2014. A consolidated oral argument for this proceeding and
`
`CBM2014-00013 and CBM2014-00016 will be held. Each party will have 60
`
`minutes of oral argument time for all three proceedings. The consolidated oral
`
`argument will commence at 1:30 PM Eastern Time, on Friday, October 24, 2014.
`
`Any representation made by counsel at the consolidated oral argument is
`
`applicable to and useable in all proceedings which have proper underlying basis for
`
`the representation. The Board will provide a court reporter for the oral argument
`
`and the reporter’s transcript will constitute the official record of the oral argument.
`
`The hearing transcript will be entered in the record of all three proceedings, i.e. in
`
`CBM2014-00013, CBM2014-00015, and CBM2014-00016.
`
`
`
`Petitioner bears the burden of proof that Patent Owner’s patent claims at
`
`issue are unpatentable. Patent Owner bears the burden of proof to establish that it
`
`is entitled to the relief requested in its motion to amend claims, if any. Therefore,
`
`at oral argument, Petitioner will proceed first to present its case with respect to the
`
`challenged patent claims and grounds with respect to which the Board instituted
`
`trial. Patent Owner will then respond to Petitioner’s argument and also argue in
`
`support of its motion to amend claims, if there is a motion to amend claims.
`
`
`
`Each party may reserve time to respond to arguments presented by the other
`
`party with some limitations. To the extent that Petitioner reserves time, it may
`
`respond to Patent Owner’s presentation on all matters. To the extent that Patent
`
`
`
`2
`
`
`
`CBM2014-00015
`Patent 6,384,850 B1
`
`
`Owner reserves time, it may respond only to Petitioner’s arguments opposing its
`
`motion to amend claims, if any.
`
`
`
`The hearing 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
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`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 any party will not be in attendance at oral hearing, 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.
`
`
`
`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
`
`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
`
`propriety of each party’s demonstrative exhibits. For guidance on what constitutes
`
`an appropriate demonstrative exhibit, the parties are directed to Paper 118 in CBS
`
`Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB October 23,
`
`2013). No live testimony from any witness will be taken at the oral argument.
`
`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.
`
`
`
`
`
`
`
`3
`
`
`
`CBM2014-00015
`Patent 6,384,850 B1
`
`
`For PETITIONER:
`
`Richard Zembek
`Gilbert Greene
`richard.zembeck@nortonrosefulbright.com
`bert.greene@nortonrosefulbright.com
`
`For Patent Owner:
`
`John Osborne
`Michael Fabiano
`josborne@osborneipl.com
`mdfabiano@fabianolawfirm.com
`
`
`
`4
`
`
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