`Tel: 571-272-7822
`
`Paper 61
`Entered: October 21, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`MICROSOFT CORPORATION
`Petitioner
`
`v.
`
`PROXYCONN, INC.
`Patent Owner
`
`Case IPR2012-00026
`Case IPR2013-00109
`Patent 6,757,717 B1
`
`
`
`
`
`Before SALLY C. MEDLEY, THOMAS L. GIANNETTI, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Cases IPR2012-00026, IPR2013-00109
`Patent 6,757,717 B1
`
`Inter partes review IPR2012-0026 was instituted on December 21, 2012.
`
`Paper 17.1 Inter partes review IRP2013-00109 was instituted, joined with
`
`IPR2012-0026, and terminated as a separate review on February 25, 2013. Papers
`
`14 and 15 in IPR2013-00109. A Revised Scheduling Order for the joined cases
`
`was issued on February 25, 2013, which set the date for oral hearing to November
`
`18, 2013, if hearing is requested by the parties and granted by the Board. Paper 29.
`
`Both parties have requested oral hearing pursuant to 37 C.F.R. § 42.70.
`
`Papers 50 and 55. Microsoft’s and Proxyconn’s requests for oral hearing are
`
`granted. Each party will have one hour to present arguments.
`
`Microsoft, as petitioner, bears the ultimate burden of proof that Proxyconn’s
`
`claims at issue in this review are unpatentable. Proxyconn bears the burden of
`
`proof with respect to its motion to amend (Paper 44). Microsoft will open the
`
`hearing by presenting its case regarding the challenged claims for which the Board
`
`instituted trial. Proxyconn will then respond to Microsoft’s argument and also
`
`argue in support of its motion to amend claims. Each party may reserve time to
`
`respond to arguments presented by the other party with some limitations. More
`
`specifically, to the extent that Microsoft reserves time, it may respond to
`
`Proxyconn’s presentation on all matters. To the extent that Proxyconn reserves
`
`time, it may respond to Microsoft’s arguments opposing the motion to amend
`
`claims.
`
`The hearing will commence at 10:00 AM, on November 18, 2013, on the
`
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`The Board will provide a court reporter for the hearing and the reporter’s transcript
`
`will constitute the official record of the hearing. The hearing will be open to the
`
`
`1 Unless otherwise indicated, all references to paper numbers are to papers entered
`in IPR2012-00026.
`
`2
`
`
`
`Cases IPR2012-00026, IPR2013-00109
`Patent 6,757,717 B1
`
`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
`
`five business days before the hearing and filed at the Board at least two business
`
`days before the hearing. The parties must initiate a conference call with the Board
`
`at least two business days before the hearing to present any objection regarding the
`
`propriety of any demonstrative exhibit. Any objection to demonstrative exhibits
`
`that is not timely presented will be considered waived.
`
`The Board expects lead counsel for each party to be present in person at the
`
`oral hearing. However, any counsel of record may present the party’s argument. If
`
`either 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.
`
`3
`
`
`
`Cases IPR2012-00026, IPR2013-00109
`Patent 6,757,717 B1
`
`PATENT OWNER:
`
`Matthew L. Cutler
`Bryan K. Wheelock
`Douglas A. Robinson
`HARNESS, DICKEY & PIERCE, PLC
`mcutler@hdp.com
`bwheelock@hdp.com
`drobinson@hdp.com
`
`PETITIONER:
`
`John D. Vandenberg
`Stephen J. Joncus
`KLARQUIST SPARKMAN LLP
`john.vandenberg@klarquist.com
`stephen.joncus@klarquist.com
`
`4
`
`
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