`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`UNIFIED PATENTS INC.
`SAP AMERICA, INC.
`
`Petitioners
`
`v.
`
`CLOUDING IP, LLC
`
`Patent Owner
`
`____________
`
`IPR2013-00586
`IPR2014-00306
`
`U.S. Patent No. 6,738,799
`
`____________
`
`PETITIONERS’ JOINT REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`Petitioners’ Joint Request for Oral Argument
`IPR2013-00586; IPR2014-00306
`U.S. Patent No. 6,738,799
`
`Pursuant to the Board’s March 21, 2014 Scheduling Order (Paper 10),
`
`
`
`
`Petitioners Unified Patents Inc. and SAP America, Inc. respectfully request oral
`
`argument, currently scheduled for October 16, 2014. Petitioners request one hour
`
`of argument time. Pursuant to 37 C.F.R. § 42.70, Petitioners specify the following
`
`issues to be argued:
`
`1. Claim construction:
`
`a. Any attempts by the Patent Owner to oppose the Board’s
`claim construction in the Decision to Institute (Paper 9),
`including, but not limited to, “command . . . to copy,”
`“command . . . to insert,” “determining whether the second
`computer has a latest version of the file,” and “generating an
`update, if the second computer does not have a latest version
`of the file.”
`
`b. The claim construction of any claims brought into issue by
`the Patent Owner.
`
`c. Any claim construction issues discussed in Petitioners’
`Opposition to Patent Owner’s Contingent Motion to Amend,
`including the construction of the terms “segments” and
`“ends of each of the segments of the earlier version of the
`file are defined by segment delimiters that are statistically
`determined to be optimal division points for the segments.”
`
`
`
`2
`
`
`
`
`
`Petitioners’ Joint Request for Oral Argument
`Case IPR2013-00586; IPR2014-00306
`U.S. Patent No. 6,738,799
`
`2. Claims 1, 12, 23, 24, 30, 31, 37, and 42 are unpatentable as
`anticipated by Williams under 35 U.S.C. § 102(e).
`
`3. Claims 5-10 and 16-21 are unpatentable as obvious over Williams
`and Miller under 35 U.S.C. § 103(a).
`
`4. Claims 37 and 42 are unpatentable as anticipated by Balcha under
`35 U.S.C. § 102(e).
`
`5. Claims 1, 5, 9, 10, 12, 16, 20, 21, 23, 24, 30, and 31 are
`unpatentable as obvious over Balcha and Miller under 35 U.S.C. §
`103(a).
`
`6. Claims 6-8 and 17-19 are unpatentable as obvious over Balcha,
`Miller, and Freivald under 35 U.S.C. § 103(a).
`
`7. Claims 37 and 42 are unpatentable as obvious over Balcha and
`Freivald under 35 U.S.C. § 103(a).
`
`8. Patent Owner’s Contingent Motion to Amend should be denied for
`the reasons provided in Petitioners’ Opposition, including:
`
`a. Patent Owner has failed to meet its burden and cannot show
`patentability of substitute claim 47 over the prior art of
`record in this proceeding and the prior art in general,
`including Harlan.
`
`b. The new limitation in claim 47 is not enabled under 35
`U.S.C. § 112, first paragraph.
`
`In the event any fees are required for this Request, please charge Deposit
`
`Account No. 15-0030.
`
`
`
`
`
`
`3
`
`
`
`
`
`
`
`
`/Michael L. Kiklis/
`Michael L. Kiklis (Reg. No. 38,939)
`Scott A. McKeown (Reg. No. 42,866)
`Oblon Spivak
`1940 Duke Street
`Alexandria, Virginia 22314
`Tel: (703) 413-3000
`CPdocketKiklis@oblon.com
`CPdocketMcKeown@oblon.com
`
`Attorneys for Petitioner
`Unified Patents Inc.
`
`
`
`
`Petitioners’ Joint Request for Oral Argument
`Case IPR2013-00586; IPR2014-00306
`U.S. Patent No. 6,738,799
`
`
`
`
`/Frank C. Cimino, Jr./
`Frank C. Cimino, Jr. (Reg. No. 39,945)
`Megan S. Woodworth (Reg. No. 53,655)
`S. Gregory Herrman (Reg. No. 66,271)
`DICKSTEIN SHAPIRO LLP
`1825 Eye Street, NW
`Washington, DC 20006-5403
`Tel: (202) 420-2200
`CiminoF@dicksteinshapiro.com
`WoodworthM@dicksteinshapiro.com
`HerrmanG@dicksteinshapiro.com
`
`Attorneys for Petitioner
`SAP America, Inc.
`
`
`
`
`
`
`
`
`4
`
`
`
`Petitioners’ Joint Request for Oral Argument
`Case IPR2013-00586; IPR2014-00306
`U.S. Patent No. 6,738,799
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies service of
`
`PETITIONERS’ JOINT REQUEST FOR ORAL ARGUMENT on the counsel of
`
`record for CLOUDING IP, LLC by filing this document through the Patent Review
`
`Processing System as well as by delivering a copy via electronic mail to the
`
`following address:
`
`Tarek Fahmi
`Ascenda Law Group
`84 W. Santa Clara St.
`Suite 550
`San Jose CA 95113
`tarek.fahmi@ascendalaw.com
`
`
`/Michael L. Kiklis/
`Michael L. Kiklis
`Reg. No. 38,939
`
`
`
`
`
`
`
`
`
`
`Dated: September 11, 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
