`571-272-7822
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` Paper 53
`Entered: June 23, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`SIPNET EU S.R.O.
`Petitioner,
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`v.
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`STRAIGHT PATH IP GROUP, INC.
`Patent Owner.
`____________
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`Case IPR2013-00246
`Patent 6,108,704
`____________
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`Before KALYAN K. DESPHANDE, THOMAS L. GIANNETTI. And
`TRENTON A. WARD, Administrative Patent Judges.
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`GIANNETTI, Administrative Patent Judge.
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`DECISION
`REQUEST FOR ORAL ARGUMENT
`37 C.F.R. § 42.70
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`The Scheduling Order for this case sets the date for oral hearing to
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`July 11, 2014, if a hearing is requested by the parties and granted by the Board.
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`Patent Owner has requested oral hearing pursuant to 37 C.F.R. § 42.70. Paper 41.
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`IPR2013-00246
`Patent 6,108,704
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`Patent Owner’s request for oral hearing is granted. The cases will be heard
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`on July 11, 2014. Each side will have 60 minutes to present argument.1
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`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
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`issue are unpatentable. Therefore, Petitioner will open the hearing by presenting
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`its case regarding the challenged claims for which the Board instituted trial. Patent
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`Owner has not filed a motion to amend the claims. Therefore, after Petitioner’s
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`presentation, Patent Owner may respond to Petitioner’s argument. Petitioner may
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`reserve time to respond to arguments presented by the Patent Owner. There will be
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`no sur-rebuttal by Patent Owner unless requested by the panel at the hearing.
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`The hearing will commence at 1:00 PM on July 11, 2014, on the ninth floor
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`of Madison Building East, 600 Dulany Street, Alexandria, Virginia. The Board
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`will provide a court reporter for the hearing and the reporter’s transcript will
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`constitute the official record of the hearing. The hearing will be open to the public
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`for in-person attendance that will be accommodated on a first-come, first-served
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`basis.
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`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
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`deposition testimony must file such testimony as an exhibit. The Board will not
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`consider any deposition testimony that has not been so filed.
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`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must be
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`served at least five business days before the hearing date. The Board requests also
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`that such exhibits be filed at the Board at least five business days before the
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`hearing. The parties must file any objections to the demonstratives with the Board
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`at least two business days before the hearing. Any objection to demonstrative
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`exhibits that is not timely presented will be considered waived. The objections
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`1
` Petitioner did not request oral argument, but did file a List of Issues for Oral
`Argument. Paper 47.
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`2
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`IPR2013-00246
`Patent 6,108,704
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`should identify with particularity which demonstratives are subject to objection,
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`and include a short (one sentence or less) statement of the reason for each
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`objection. No argument or further explanation is permitted. The Board will
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`consider the objections and schedule a conference if deemed necessary.
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`Otherwise, the Board will reserve ruling on the objections until after the oral
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`argument. The parties are directed to St. Jude Medical, Cardiology Division, Inc.
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`v. The Board of Regents of the University of Michigan, IPR2013-00041 (PTAB
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`January 27, 2014) (Paper 65), for guidance regarding the appropriate content of
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`demonstrative exhibits.
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`The Board expects lead counsel for each party to be present in person at the
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`oral hearing. However, any counsel of record may present the party’s argument. If
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`either party expects that its lead counsel will not be attending the oral argument,
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`the parties should initiate a joint telephone conference with the Board no later than
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`two business days prior to the oral hearing to discuss the matter.
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`Any special requests for audio visual equipment should be directed to
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`Trials@uspto.gov. Requests for special equipment will not be honored unless
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`presented in a separate communication not less than five days before the hearing
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`directed to the above email address.
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`It is therefore
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`ORDERED that Patent Owner’s Request for Oral Argument is granted.
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`3
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`IPR2013-00246
`Patent 6,108,704
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`PETITIONER:
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`Paul C. Haughey
`Michael T. Morlock
`KILPATRICK TOWNSEND & STOCKTON, LLP
`phaughey@kilpatricktownsend.com
`mmorlock@kilpatricktownsend.com
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`PATENT OWNER:
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`Patrick J. Lee
`Alicia Carney
`FISCH SIGLER LLP
`patrick.lee@fischllp.com
`Alicia.carney@fischllp.com
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`4
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