Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 34
`Entered: May 2, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC., EVENTBRITE INC., STARWOOD HOTELS & RESORTS
`WORLDWIDE, INC., EXPEDIA, INC., FANDANGO, LLC,
`HOTELS.COM, L.P., HOTEL TONIGHT, INC., HOTWIRE, INC.,
`KAYAK SOFTWARE CORP., OPENTABLE, INC., ORBITZ, LLC, PAPA
`JOHN’S USA, INC., STUBHUB, INC., TICKETMASTER, LLC, LIVE
`NATION ENTERTAINMENT, INC., TRAVELOCITY.COM LP,
`WANDERSPOT LLC, AGILYSYS, INC., DOMINO’S PIZZA, INC.,
`DOMINO’S PIZZA, LLC, HILTON RESORTS CORPORATION,
`HILTON WORLDWIDE, INC., HILTON INTERNATIONAL CO., MOBO
`SYSTEMS, INC., PIZZA HUT OF AMERICA, INC., PIZZA HUT, INC.,
`AND USABLENET, INC., Petitioner,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`_______________
`
`Case CBM2015-000801 Patent 6,384,850 B1
`Case CBM2015-000822 Patent 6,871,325 B1
`
`
`STARBUCKS CORPORATION, APPLE, INC., EVENTBRITE INC., and
`STARWOOD HOTELS & RESORTS WORLDWIDE, INC.,
`Petitioner,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`
`
`1 Case CBM2015-00096 has been joined with this proceeding.
`2 Case CBM2016-00006 has been joined with this proceeding.
`
`
`
`
`
`
`
`
`Tel: 571-272-7822
`
`Paper 34
`Entered: May 2, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC., EVENTBRITE INC., STARWOOD HOTELS & RESORTS
`WORLDWIDE, INC., EXPEDIA, INC., FANDANGO, LLC,
`HOTELS.COM, L.P., HOTEL TONIGHT, INC., HOTWIRE, INC.,
`KAYAK SOFTWARE CORP., OPENTABLE, INC., ORBITZ, LLC, PAPA
`JOHN’S USA, INC., STUBHUB, INC., TICKETMASTER, LLC, LIVE
`NATION ENTERTAINMENT, INC., TRAVELOCITY.COM LP,
`WANDERSPOT LLC, AGILYSYS, INC., DOMINO’S PIZZA, INC.,
`DOMINO’S PIZZA, LLC, HILTON RESORTS CORPORATION,
`HILTON WORLDWIDE, INC., HILTON INTERNATIONAL CO., MOBO
`SYSTEMS, INC., PIZZA HUT OF AMERICA, INC., PIZZA HUT, INC.,
`AND USABLENET, INC., Petitioner,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`_______________
`
`Case CBM2015-000801 Patent 6,384,850 B1
`Case CBM2015-000822 Patent 6,871,325 B1
`
`
`STARBUCKS CORPORATION, APPLE, INC., EVENTBRITE INC., and
`STARWOOD HOTELS & RESORTS WORLDWIDE, INC.,
`Petitioner,
`
`v.
`
`AMERANTH, INC.,
`Patent Owner.
`
`
`1 Case CBM2015-00096 has been joined with this proceeding.
`2 Case CBM2016-00006 has been joined with this proceeding.
`
`
`
`
`
`
`
`
`
`CBM2015-00080, CBM2015-00091 Patent 6,384,850 B1
`CBM2015-00082, CBM2015-00099 Patent 6,871,325 B1
`
`_______________
`
`Case CBM2015-000913 Patent 6,384,850 B1
`Case CBM2015-000994 Patent 6,871,325 B1
`
`Before MEREDITH C. PETRAVICK, RICHARD E. RICE, and
`STACEY G. WHITE, Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`3 Case CBM2016-00007 has been joined with this proceeding.
`4 Case CBM2016-00006 has been joined with this proceeding.
`
`2
`
`
`
`CBM2015-00080, CBM2015-00091 Patent 6,384,850 B1
`CBM2015-00082, CBM2015-00099 Patent 6,871,325 B1
`
`We instituted covered business method patent reviews in CBM2015-
`
`00080 and CBM2015-00082 on September 1, 2015, Paper 13 (CBM2015-
`
`00080 and CBM2015-00082), and September 14, 2015, Paper 9 (CBM2015-
`
`00091 and CBM2015-00099). A Scheduling Order in each proceeding was
`
`issued on the same day with the Decision Instituting Review, which set the
`
`date for oral hearing in all four proceedings as May 10, 2016, if hearing
`
`were requested by the parties and granted by the Board. Paper 14
`
`(CBM2015-00080 and CBM2015-00082); Paper 10 (CBM2015-00091 and
`
`CBM2015-00099).
`
`In each of these proceedings, Petitioner and Patent Owner have
`
`requested oral hearing pursuant to 37 C.F.R. § 42.70. Papers 28, 29
`
`(CBM2015-00080); Papers 30, 31 (CBM2015-00082); Papers 23, 27
`
`(CBM2015-00091 and CBM2015-00099). The parties’ requests for oral
`
`hearing are granted. The four cases are consolidated for hearing. Each
`
`party will have a total of 90 minutes to present arguments.
`
`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 in these four proceedings. Patent Owner will then
`
`respond to Petitioner’s argument. Petitioner may reserve time to respond to
`
`arguments presented by Patent Owner. Motions to Exclude have been filed
`
`by both Petitioner and Patent Owner in each of these proceedings. The
`
`parties may address these motions during their allotted time.
`
`The hearing will commence at 9:00 a.m. Eastern time, on May 10,
`
`2016, on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia. The Board will provide a court reporter for the
`
`3
`
`
`
`CBM2015-00080, CBM2015-00091 Patent 6,384,850 B1
`CBM2015-00082, CBM2015-00099 Patent 6,871,325 B1
`
`hearing and the reporter’s transcript will constitute the official record of the
`
`hearing. The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least four business days before the hearing. The parties shall also file their
`
`demonstrative exhibits with the Board by sending them via e-mail to
`
`trials@uspto.gov at least two business days before the hearing. The parties
`
`shall not file the demonstrative exhibits using the PRPS.
`
`When considering whether demonstrative exhibits are objectionable,
`
`the parties are reminded that the panel does not consider demonstrative
`
`exhibits to be evidence or an appropriate vehicle for making arguments that
`
`do not appear in the parties’ substantive papers. See St. Jude Med.,
`
`Cardiology Div., Inc. v. The Bd. of Regents of the Univ. of Mich., Case
`
`IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65). The panel will disregard
`
`any newly raised argument appearing in the demonstrative exhibits when
`
`rendering the final written decision. The parties must initiate a conference
`
`call with the Board at least two business days before the hearing to present
`
`objections, if any, regarding the propriety of any demonstrative exhibit. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived.
`
`Requests for audio-visual equipment are to be made no later than five
`
`days in advance of the hearing date. The request is to be sent to
`
`Trials@uspto.gov. If the request is not received timely, the equipment may
`
`not be available on the day of the hearing.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, either lead or backup counsel may present the
`
`4
`
`
`
`CBM2015-00080, CBM2015-00091 Patent 6,384,850 B1
`CBM2015-00082, CBM2015-00099 Patent 6,871,325 B1
`
`party’s argument. If any party anticipates 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.
`
`5
`
`
`
`
`
`CBM2015-00080, CBM2015-00091 Patent 6,384,850 B1
`CBM2015-00082, CBM2015-00099 Patent 6,871,325 B1
`
`PETITIONER:
`
`CBM2015-00080 and CBM2015-00082 -
`
`James Heintz
`AmeranthCBMService@dlapiper.com
`
`Robert Williams
`robert.williams@dlapiper.com
`
`CBM2015-00091 and CBM2015-00099
`
`Bing Ai
`Ai-ptab@perkinscoie.com
`
`Matthew Bernstein
`MBernstein@perkinscoie.com
`
`Patrick McKeever
`PMcKeever@perkinscoie.com
`
`Yun Lu
`LLu@perkinscoie.com
`
`
`PATENT OWNER:
`
`
`John Osborne
`josborne@osborneipl.com
`
`Michael Fabiano
`mdfabiano@fabianolawfirm.com
`
`
`
`6
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