`571-272-7822
`
`
`
` Paper 30
`
`Entered: September 22, 2014
`
`
`
`
`
`
`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.
`____________
`
`Case IPR2013-00586
`Case IPR2014-00306
`Patent 6,738,799 B2
`____________
`
`
`
`Before JAMESON LEE, JUSTIN BUSCH, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2013-00586 and IPR2014-00306
`Patent 6,738,799 B2
`
`
`On September 11, 2014, both Petitioners filed a joint request for oral
`argument, requesting one hour of oral argument time. Paper 27. Also on
`September 11, 2014, Patent Owner filed a request for oral argument, requesting
`one hour of oral argument time. Paper 26. Petitioners previously were ordered to
`make consolidated filings in this joined proceeding, with Unified Patents Inc.
`(“Unified”) responsible for the filing, and SAP America Inc. (“SAP”) able to file a
`short submission indicating only disagreements with the consolidated filing. Paper
`17. The oral argument will be conducted in a similar manner. Counsel for Unified
`will make a consolidated presentation for both Unified and SAP, and counsel for
`SAP will have a brief opportunity, at the end of each segment of Unified’s
`presentation, to identify any part of the representation with which SAP does not
`agree. With that understanding, the requests for oral argument are granted.
`The request is granted-in-part.
`Petitioners will have 1 hour of total argument time. Patent Owner also will
`have 1 hour of total argument time. The oral argument will commence at 2:00 PM
`Eastern Time, on Thursday, October 16, 2014. The Board will provide a court
`reporter for the hearing and the reporter’s transcript will constitute the official
`record of the hearing. The hearing transcript will be entered in the record of
`IPR2013-00586.
`
`Petitioners bear the ultimate burden of proof that Patent Owner’s patent
`claims at issue are unpatentable. Patent Owner bears the burden of proof to
`establish that it is entitled to the relief requested in its motion to amend claims.
`Therefore, at oral argument, Petitioners will proceed first to present their case with
`respect to the challenged patent claims and grounds with respect to which the
`Board instituted trial. Patent Owner will then respond to Petitioners’ argument and
`also argue in support of its motion to amend claims.
`
`
`
`2
`
`
`
`IPR2013-00586 and IPR2014-00306
`Patent 6,738,799 B2
`
`Each side may reserve time to respond to arguments presented by the other
`
`side with some limitations. To the extent that Petitioners reserve time, they may
`respond to Patent Owner’s presentation on all matters. To the extent that Patent
`Owner reserves time, it may respond only to Petitioners’ arguments opposing the
`motion to amend claims.
`
`The hearing will be open to the public for in-person attendance, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia 22314.
`In-person attendance will be accommodated on a first-come, first-serve basis. At
`least one Judge will be attending the oral argument from a remote location by use
`of audio/video communication equipment.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`business days before the hearing. They shall be filed with the Board three 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. For guidance on what constitutes
`an appropriate demonstrative exhibit, the parties are directed to Paper 118 in CBS
`Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033 (PTAB October 23,
`2013). No live testimony from any witness will be taken at the oral argument.
`
`The Board expects lead counsel for each party to be present at oral hearing,
`although any backup counsel may make the actual presentation, in whole or in part.
`If lead counsel for any party will not be in attendance at oral hearing, the Board
`should be notified via a joint telephone conference call no later than two business
`days prior to the oral hearing to discuss the matter.
`Requests for audio-visual equipment are to be made 5 days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the hearing.
`
`
`
`3
`
`
`
`IPR2013-00586 and IPR2014-00306
`Patent 6,738,799 B2
`
`For PETITIONER:
`Michael Kiklis
`Scott McKeown
`cpdocketkiklis@oblon.com
`cpdocketmckeown@oblon.com
`
`For Patent Owner:
`Tarek Fahmi
`Amy Embert
`tarek.fahmi@ascendalaw.com
`amy.embert@ascendalaw.com
`
`
`
`
`
`
`
`
`4
`
`
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