`571-272-7822
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` Paper 67
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`
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` Entered: November 19, 2013
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EMC CORPORATION
`Petitioner
`v.
`
`PERSONALWEB TECHNOLOGIES, LLC
`Patent Owner
`____________
`
`Cases IPR2013-00082 (Patent 5,978,791)
`IPR2013-00083 (Patent 6,415,280)
`IPR2013-00084 (Patent 7,945,544)
`IPR2013-00085 (Patent 7,945,539)
`IPR2013-00086 (Patent 7,949,662)
`IPR2013-00087 (Patent 8,001,096)1
`____________
`
`
`Before KEVIN F. TURNER, JONI Y. CHANG, and MICHAEL R. ZECHER,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`1 This Order addresses issues that are identical in all six cases. Therefore, we
`exercise our discretion to issue one order to be filed in each of the six cases. The
`parties, however, are not authorized to use this style heading in any subsequent
`papers. Note that the petitioners for IPR2013-00082 and IPR2013-00083 are EMC
`Corporation and VMware, Inc.
`
`
`
`IPR2013-00082, Patent 5,978,791
`IPR2013-00083, Patent 6,415,280
`IPR2013-00084, Patent 7,945,544
`
`
`
`
`
`
`IPR2013-00085, Patent 7,945,539
`IPR2013-00086, Patent 7,949,662
`IPR2013-00087, Patent 8,001,096
`
`
`
`On May 17, 2013, the instant inter partes review was instituted. Paper 21.2
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`Both parties requested an oral hearing pursuant to 37 C.F.R. § 42.70. Papers 60
`
`and 64. The requests are granted. The hearing will commence at 1:00 PM Eastern
`
`Time, on December 16, 2013.
`
`
`
`The above-identified proceedings and the instant proceeding involve the
`
`same parties and similar issues. The trial schedules for all six inter partes reviews
`
`have been synchronized, and the oral hearings have been scheduled on
`
`December 16, 2013. Paper 22.
`
`
`
`The oral arguments for all six inter partes reviews will be merged and
`
`conducted at the same time, i.e., not in seriatim. Each party will have two hours of
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`total oral argument time for all six proceedings.
`
`
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`
`issue are unpatentable. Therefore, at oral hearing, Petitioner will proceed first to
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`present its case with respect to the challenged claims and grounds the Board
`
`instituted trial in all six inter partes reviews.
`
`
`
`Thereafter, Patent Owner will respond to Petitioner’s case. After that,
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`Petitioner will make use of the remainder of its time addressing Patent Owner’s
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`responsive presentation.
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`
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`The hearing will commence at 1:00 PM Eastern Time, on December 16,
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`2013, and it will be open to the public for in-person attendance, on the ninth floor
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`
`
`2 For the purpose of clarity and expediency, IPR2013-00082 is representative and
`all citations are to IPR2013-00082 unless otherwise noted.
`
`2
`
`
`
`IPR2013-00082, Patent 5,978,791
`IPR2013-00083, Patent 6,415,280
`IPR2013-00084, Patent 7,945,544
`
`of Madison Building East, 600 Dulaney Street, Alexandria, Virginia 22314.
`
`IPR2013-00085, Patent 7,945,539
`IPR2013-00086, Patent 7,949,662
`IPR2013-00087, Patent 8,001,096
`
`
`
`
`
`
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`In-person attendance will be accommodated on a first come first serve basis.
`
`
`
`The Board will provide a court reporter for the hearing and the reporter’s
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`transcript will constitute the official record of the hearing.
`
`
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
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`business days before the hearing. They shall be filed with the Board three business
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`days prior to the hearing and the parties must initiate a conference call with the
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`Board at least two business days prior to the hearing to resolve any dispute over the
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`propriety of each party’s demonstrative exhibits. For guidance on what constitutes
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`an appropriate demonstrative exhibit, the parties are directed to Paper 118 in
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`IPR2013-00033 (October 23, 2013).
`
`
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`The Board expects lead counsel for each party to be present at oral hearing,
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`although any backup counsel may make the actual presentation, in whole or in part.
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`If lead counsel for either party will not be in attendance at oral argument, the
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`Board should be notified via a joint telephone conference call no later than two
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`business days prior to the oral hearing to discuss the matter.
`
`
`
`3
`
`
`
`
`
`
`
`
`
`IPR2013-00085, Patent 7,945,539
`IPR2013-00086, Patent 7,949,662
`IPR2013-00087, Patent 8,001,096
`
`
`
`
`
`IPR2013-00082, Patent 5,978,791
`IPR2013-00083, Patent 6,415,280
`IPR2013-00084, Patent 7,945,544
`
`PETITIONER:
`Peter M. Dichiara, Esq.
`David L. Cavanaugh, Esq.
`WILMER CUTLER PICKERING HALE & DORR LLP
`peter.dichiara@wilmerhale.com
`david.cavanaugh@wilmerhale.com
`
`
`
`
`PATENT OWNER:
`Joseph A. Rhoa, Esq.
`Updeep. S. Gill, Esq.
`NIXON & VANDERHYE P.C.
`jar@nixonvan.com
`usg@nixonvan.com
`
`4
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