`571-272-7822
`
`Paper 86
`Entered: December 18, 2013
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVAYA INC., DELL INC., SONY CORPORATION OF AMERICA,
`and HEWLETT-PACKARD CO.
`Petitioners
`
`v.
`
`NETWORK-1 SECURITY SOLUTIONS, INC.
`Patent Owner
`____________
`
`Case IPR2013-000711
`Patent 6,218,930
`
`
`Before JONI Y. CHANG, JUSTIN T. ARBES, and GLENN J. PERRY,
`Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 Cases IPR2013-00385 and IPR2013-00495 have been joined with this
`proceeding.
`
`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`
`Petitioner Avaya Inc. (“Avaya”) and Patent Owner requested a
`hearing in this proceeding pursuant to 37 C.F.R. § 42.70(a). Papers 82, 85.
`The requests are granted.
`Each party will have sixty (60) minutes of total time to present
`arguments. Avaya, as the petitioner, bears the ultimate burden of proof that
`the challenged claims are unpatentable. Therefore, Avaya will proceed first
`to present its case as to the challenged claims. Avaya may reserve rebuttal
`time for its case and time for responding to Patent Owner’s case with respect
`to Patent Owner’s motion to amend. Thereafter, Patent Owner will respond
`to Avaya’s case, and also present its own case with respect to the motion to
`amend. Patent Owner may reserve rebuttal time for its case as to the motion
`to amend claims. After that, Avaya may use the rest of its time to respond to
`Patent Owner’s presentation on all matters. Finally, if Patent Owner
`reserves rebuttal time, Patent Owner may address only issues raised by
`Avaya regarding the motion to amend.
`The remaining three Petitioners in the instant proceeding—Dell Inc.
`(“Dell”), Sony Corporation of America (“Sony”), and Hewlett-Packard Co.
`(“HP”)—were joined previously and are participating in a limited capacity
`only. See Paper 40 at 10-12; Paper 49 at 10-11. Dell, Sony, and HP each
`may enter an appearance at the hearing, but may not present arguments.
`The hearing will commence at 9:30 AM Eastern Time on January 9,
`2014, and will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`In-person attendance will be accommodated on a first come, first served
`basis.
`
`
`
`
`2
`
`
`
`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`
`The Board 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
`five business days prior to the hearing. They shall be filed with the Board
`two business days prior to the hearing and the parties must initiate a
`conference call with the Board at least two business days prior to the hearing
`to resolve any dispute over the propriety of each party’s demonstrative
`exhibits. The parties are directed to IPR2013-00033, Paper 118, dated
`October 23, 2013, regarding the appropriate content of demonstrative
`exhibits.
`The Board expects lead counsel for Avaya and Patent Owner to be
`present at the hearing, although any backup counsel may make the actual
`presentation, in whole or in part. If lead counsel for either party will not be
`in attendance at the hearing, the Board should be notified via a joint
`conference call no later than two days prior to the hearing to discuss the
`matter.
`Finally, Avaya and Patent Owner in their papers requested
`authorization to use a projector and screen at the hearing for displaying
`demonstrative exhibits. The Board will make a projector and screen
`available. Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797.
`
`
`
`
`
`3
`
`
`
`
`
`Case IPR2013-00071
`Patent 6,218,930
`
`PETITIONERS:
`
`Jeffrey D. Sanok
`Jonathan Lindsay
`CROWELL & MORING LLP
`JSanok@Crowell.com
`JLindsay@Crowell.com
`
`Michael J. Scheer
`Thomas M. Dunham
`WINSTON & STRAWN LLP
`mscheer@winston.com
`tdunham@winston.com
`
`Lionel M. Lavenue
`Erika Arner
`FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP
`lionel.lavenue@finnegan.com
`erika.arner@finnegan.com
`
`
`Robert J. Walters
`Charles J. Hawkins
`McDERMOTT WILL & EMERY LLP
`rwalters@mwe.com
`chawkins@mwe.com
`
`PATENT OWNER:
`
`Robert G. Mukai
`Charles F. Wieland III
`BUCHANAN, INGERSOLL & ROONEY P.C.
`Robert.Mukai@BIPC.com
`Charles.Wieland@BIPC.com
`
`
`
`
`
`
`4
`
`
`
`
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