`Tel: 571-272-7822
`
`
`
`
`
`Paper 36
`Entered: November 25, 2014
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`DELL INC., HEWLETT-PACKARD COMPANY, and NETAPP, INC.,
`Petitioners,
`
`v.
`
`ELECTRONICS AND TELECOMMUNICATIONS RESEARCH
`INSTITUTE,
`Patent Owner.
`____________
`
`Case IPR2013-00635
`Patent 6,978,346 B2
`_______________
`
`
`
`
`Before BRIAN J. McNAMARA, MIRIAM L. QUINN, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`Case IPR2013-00635
`Patent 6,978,346 B2
`
`
`Petitioner and Patent Owner requested a hearing in each of the above
`proceedings pursuant to 37 C.F.R. § 42.70(a). See Papers 3435. The
`requests are granted.
`Each party will have forty-five (45) minutes of time to present
`arguments. Petitioner bears the ultimate burden of proof that the challenged
`claims are unpatentable. Therefore, Petitioner will proceed first to present
`its case as to the challenged claims, and may reserve rebuttal time. Patent
`Owner then will respond to Petitioner’s case. After that, Petitioner may use
`the rest of its time to respond to Patent Owner’s presentation.
`The hearing will commence at 1 PM Eastern Time, December 18,
`2014, and will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`In-person attendance will be accommodated on a first come, first served
`basis. The Board will provide a court reporter for the hearings, and the
`reporter’s transcripts will constitute the official record of the hearings.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearings. The parties shall confer with each
`other regarding any objections to demonstrative exhibits in each proceeding,
`and file demonstrative exhibits with the Board at least two business days
`prior to the hearing. For any issue that cannot be resolved after conferring
`with the opposing party, the parties may file jointly a one-page list of
`objections at least two business days prior to the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one sentence) of the
`reason for each objection. No argument or further explanation is permitted.
`We will consider the objections and schedule a conference call if necessary.
`
`
`
`2
`
`
`
`Case IPR2013-00635
`Patent 6,978,346 B2
`
`Otherwise, we will reserve ruling on the objections until after the hearing.
`Any objection to demonstrative exhibits that is not presented timely will be
`considered waived.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, slip op. (PTAB Oct. 23, 2013) (Paper
`118), regarding the appropriate content of demonstrative exhibits. The
`parties are reminded that the presenter must identify clearly and specifically
`each demonstrative exhibit (e.g., by slide or screen number) referenced
`during the hearings to ensure the clarity and accuracy of the reporter’s
`transcripts. The parties also should note that at least one member of the
`panel will be attending the hearings from a remote location, and that if a
`demonstrative is not filed or otherwise made fully available or visible to the
`judge(s) presiding over the hearing remotely, that demonstrative will not be
`considered.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearings, although any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for either party will not be
`in attendance at the hearings, the Board should be notified via a joint
`conference call no later than two days prior to the hearings to discuss the
`matter.
`Requests for audio-visual equipment at the hearings are to be made
`five days in advance of the hearing date. The requests must be sent to
`Trials@uspto.gov. If the requests are not received timely, equipment may
`not be available on the day of the hearings. Furthermore, if the parties have
`questions as to whether demonstrative exhibits would be sufficiently visible
`
`
`
`3
`
`
`
`Case IPR2013-00635
`Patent 6,978,346 B2
`
`and available to all of the judges, the parties are invited to contact the Board
`at 571-272-9797.
`
`FOR PETITIONERS:
`
`Lead Counsel
`David McCombs
`david.mccombs.ipr@haynesboone.com
`
`Back-up Counsel
`Andrew S. Ehmke
`andy.ehmke.ipr@haynesboone.com
`Thomas W. Kelton
`Thomas.kelton.ipr@haynesboone.com
`John Russell Emerson
`Russell.emerson.ipr@haynesboone.com
`
`
`FOR PATENT OWNER:
`Lead Counsel
`Mathew Phillips
`matthew.phillips@renaissanceiplaw.com
`
`Back-up Counsel
`Derek Meeker
`derek.meeker@renaissanceiplaw.com
`Alexander Giza
`agiza@raklaw.com
`
`
`
`
`
`
`4
`
`
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
