Paper 29
`Trials@uspto.gov
`571-272-7822
`
`Entered: February 9, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`GOOGLE INC. and APPLE INC.,
`Petitioners,
`
`v.
`
`CONTENTGUARD HOLDINGS, INC.,
`Patent Owner.
`
`
`
`Case CBM2015-000401
`Patent 7,774,280 B2
`
`
`
`
`Before MICHAEL R. ZECHER, BENJAMIN D. M. WOOD, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`35 U.S.C. 326(a)(10) and 37 C.F.R. § 42.70
`
`
`
`1 Case CBM2015-00160 has been joined with this proceeding.
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`Entered: February 9, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`GOOGLE INC. and APPLE INC.,
`Petitioners,
`
`v.
`
`CONTENTGUARD HOLDINGS, INC.,
`Patent Owner.
`
`
`
`Case CBM2015-000401
`Patent 7,774,280 B2
`
`
`
`
`Before MICHAEL R. ZECHER, BENJAMIN D. M. WOOD, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`ZECHER, Administrative Patent Judge.
`
`
`ORDER
`Oral Argument
`35 U.S.C. 326(a)(10) and 37 C.F.R. § 42.70
`
`
`
`1 Case CBM2015-00160 has been joined with this proceeding.
`
`
`
`
`
`
`
`CBM2015-00040
`Patent 7,774,280 B2
`
`
`
`
`
`On June 24, 2015, we instituted a covered business method patent review
`only as to claims 1, 5, and 11 (“the challenged claims”) of U.S. Patent No.
`7,774,280 B2. Paper 9, 43. Both parties requested an oral argument pursuant to 37
`C.F.R. § 42.70(a). Papers 26, 27. The parties’ requests are granted.
`Petitioners, Google Incorporated and Apple Incorporated (collectively,
`“Petitioners”), requests that each party be given sixty (60) minutes of oral
`argument time. Paper 26, 2. Patent Owner, ContentGuard Holdings Incorporated
`(“ContentGuard”), also requests that each party be given sixty (60) minutes of oral
`argument time. Paper 27, 1. We have reviewed the issues that the parties intend to
`address during the hearing (Paper 26, 2; Paper 27, 1), but because this proceeding
`involves just three claims and a contingent Motion to Amend, one and a half hours
`of oral argument time, in total, should be more than sufficient to address these
`issues. Accordingly, each party will have forty-five (45) minutes of total time to
`present its arguments.
`Petitioners bear the ultimate burden of proof that the challenged claims are
`unpatentable based on the grounds of unpatentability (“grounds”) instituted in this
`proceeding. 35 U.S.C. § 326(e). ContentGuard, however, bears the burden of
`proof to establish that it is entitled to the relief requested in its contingent Motion
`to Amend. 37 C.F.R. § 42.20(c). Petitioners, therefore, will proceed first to
`present their case as to the challenged claims and the grounds instituted in this
`proceeding. Petitioners may reserve rebuttal time. Thereafter, ContentGuard will
`respond to Petitioners’ case, as well as present its case regarding its contingent
`Motion to Amend. ContentGuard may reserve rebuttal time to address the
`contingent Motion to Amend only. Petitioners then will make use of their rebuttal
`time to respond to ContentGuard’s case, as well as present their opposition to the
`
`
`
`2
`
`
`
`
`
`CBM2015-00040
`Patent 7,774,280 B2
`
`
`contingent Motion to Amend. Finally, ContentGuard will make use of its rebuttal
`time to respond to Petitioners’ opposition to the contingent Motion to Amend.
`Please note the time and location of the hearing. The hearing will
`
`commence at 1:20 PM CST on Wednesday, February 24, 2016, in Southern
`Methodist University (“SMU”) Dedman School of Law, Hillcrest Classroom,
`Underwood Law Library, 6550 Hillcrest Avenue, Dallas, TX 75275-0354.2 The
`hearing will be open to the public as part of the February 24, 2016, “PTAB/TTAB
`Stadium Tour” to be held at SMU. We 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 no later
`than five (5) business days before the hearing date. They shall be filed with us no
`later than three (3) business days prior to the hearing date. The parties must
`initiate a conference call with us at least two (2) business days prior to the hearing
`date 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 CBS Interactive Inc., v. Helferich Patent Licensing, LLC,
`Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118).
`We expect lead counsel for each party to be present at the hearing, although
`any backup counsel may make the actual presentation, in whole or in part. See
`Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758 (Aug. 14, 2012).
`If lead counsel for a party is unable to attend the hearing, we should be notified via
`
`
`2 A conference call was held on February 4, 2016, among respective counsel for
`Petitioners and ContentGuard, and Judges Zecher, Wood, and Braden. During the
`conference call, we alerted the parties to the new location for the hearing. The
`parties had no objections.
`
`
`
`3
`
`
`
`
`
`CBM2015-00040
`Patent 7,774,280 B2
`
`
`a joint telephone conference call no later than two (2) business days prior to the
`hearing date to discuss the matter.
`We take this opportunity to remind the parties that each presenter must
`identify clearly and specifically each demonstrative exhibit, e.g., by slide or screen
`number, referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript.
`Requests for audio-visual equipment are to be made at least five (5) business
`days in advance of the hearing date. The request should be sent
`to Trials@uspto.gov. If the requests are not received timely, equipment may not
`be available on the day of the hearing. Should the parties have any questions
`regarding specific audio-visual equipment, the parties may contact the Board at
`571-272-9797.
`
`
`
`
`4
`
`
`
`
`
`
`
`CBM2015-00040
`Patent 7,774,280 B2
`
`For PETITIONERS:
`
`Robert R. Laurenzi
`Nisha Agarwal
`Kaye Scholer LLP
`robert.laurenzi@kayescholer.com
`nisha.agarwal@kayescholer.com
`
`Jeffrey P. Kushan
`Michael R. Franzinger
`Thomas A. Broughan, III
`Sidley Austin LLP
`jkushan@sidley.com
`mfranzinger@sidley.com
`tbroughan@sidley.com
`
`For PATENT OWNER:
`
`Timothy P. Maloney
`Nicholas T. Peters
`Fitch Even Tabin & Flannery LLP
`tim@fitcheven.com
`ntpete@fitcheven.com
`
`Robert A. Cote
`McKool Smith, P.C.
`rcote@mckoolsmith.com
`
`
`
`
`
`5
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