`_______________________________
`
`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 IPR2013-00071
`U.S. Patent No. 6,218,930
`____________________
`
`Before JONI Y. CHANG, JUSTIN T. ARBES, AND GLENN J. PERRY,
`Administrative Patent Judges
`____________________
`
`PETITIONER DELL INC’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`Petitioner’s Request for Oral Argument
`
`
`
`
`
`
`
`
`IPR2013-0071
`
`Pursuant to the Board’s Order dated November 15, 2013 (Paper 69),
`
`Petitioner Dell Inc. (“Dell”) respectfully requests oral argument, currently
`
`scheduled for January 9, 2014.
`
`Dell acknowledges that this request is being made after DUE DATE 4,
`
`December 11, 2013 and is making this request further to the Board’s suggestion
`
`contained in its email of December 20, 2013. Dell respectfully requests the Board
`
`grant this belated request.
`
`Dell was under the mistaken belief that Petitioner Avaya’s Request for Oral
`
`Argument (Paper 82) was sufficient to set the oral argument at which Dell could
`
`participate pursuant to the Board’s Order in Paper 40. As advised in the Board’s
`
`December 20, 2013 email, however, Avaya’s request should have been labeled as a
`
`“consolidated “ filing. It was and remains the intent of both Avaya and Dell that
`
`that Dell would have the opportunity to participate in the oral argument to the
`
`extent that time allows after Avaya’s presentation. The failure to identify Avaya’s
`
`December 11, 2013 request as a “consolidated” request was inadvertent and
`
`unintentional.
`
`Dell has conferred with Network-1's counsel and they do not object to Dell
`
`presenting at the oral argument, to the extent that Dell is not requesting an
`
`expansion of the time allotted to Avaya. Dell is not requesting any extension of
`
`
`
`2
`
`
`
`Petitioner’s Request for Oral Argument
`
`the one hour allotted to Avaya in the Board’s Order setting the oral argument
`
`
`
`IPR2013-0071
`
`
`
`
`
`(Paper 86).
`
`Pursuant to 37 C.F.R. § 42.70(a), Dell intends to argue the following issues:
`
`1. Claims 6 and 9 are unpatentable: (a) under 35 U.S.C. § 102(b) as being
`
`anticipated by Matsuno; and (b) under 35 U.S.C. § 103(a) over De Nicolo
`
`in view of Matsuno;
`
`2. Patent Owner’s Motion to Amend should be denied, and Patent Owner
`
`has failed to meet its burden demonstrating patentability of the proposed
`
`substitute claims;
`
`3. The second declaration of Dr. Knox (Ex. N1-2024) should be excluded.
`
`Dell requests the ability to use audio/visual equipment to display
`
`demonstrative exhibits, including the use of a projector and screen for PowerPoint
`
`display.
`
`
`
`December 23, 2013
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` /Michael J. Scheer/
`Michael J. Scheer (Reg. # 34,425)
`Thomas M. Dunham (Reg. # 39,965)
`WINSTON & STRAWN LLP
`200 Park Ave.
`New York, NY 10166–4193
`T: 212.294.6700
`F: 212.294.4700
`mscheer@winston.com
`Attorneys for Petitioner Dell Inc.
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6(e)
`
`I hereby certify that on this 23rd day of December 2013, a true and correct
`
`copy of the foregoing “PETITIONER DELL INC.’S REQUEST FOR ORAL
`
`ARGUMENT” was served, by electronic mail, upon the following:
`
`
`Robert G. Mukai
`Charles F. Wieland III
`BUCHANAN, INGERSOLL & ROONEY P.C.
`1737 King St., Suite 500
`Alexandria, VA 22314
`Robert.Mukai@BIPC.com
`Charles.Wieland@BIPC.com
`Counsel for Network-1 Security Solutions, Inc.
`
`Lionel M. Lavenue, Esq.
`Erika Arner, Esq.
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`Two Freedom Square
`11955 Freedom Drive
`Reston, VA 20190-5675
`(571) 203-2700
`lionel.lavenue@finnegan.com
`erika.arner@finnegan.com
`Counsel for Sony Corp. of America
`
`December 23, 2013
`
`
`
`
`
`
`
`
`
`
`Jeffrey D. Sanok,
`Jonathan M. Lindsay
`CROWELL & MORING LLP
`Intellectual Property Group
`P.O. Box 14300
`Washington, DC 20044-4300
`Counsel for Avaya Inc.
`
`Robert J. Walters, Esq.
`Charles J. Hawkins, Esq.
`MCDERMOTT WILL & EMERY
`LLP
`500 North Capitol Street, N.W.
`Washington, DC 20001
`(202) 756-8019
`rwalters@mwe.com
`chawkins@mwe.com
`Counsel for Hewlett-Packard Co.
`
` /Michael J. Scheer/
`Michael J. Scheer (Reg. # 34,425)
`Thomas M. Dunham (Reg. # 39,965)
`WINSTON & STRAWN LLP
`200 Park Ave.
`New York, NY 10166–4193
`T: 212.294.6700
`F: 212.294.4700
`mscheer@winston.com
`Attorneys for Petitioner Dell Inc.
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