Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`Paper 21
`Entered: September 25, 2014
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`FUZZYSHARP TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00001 (Patent 6,618,047 B1)
`Case IPR2014-00002 (Patent 6,172,679 B1)1
`
`
`
`Before JUSTIN T. ARBES, TREVOR M. JEFFERSON, and
`DAVID C. McKONE, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 This Order addresses an issue pertaining to both cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`Tel: 571-272-7822
`
`
`
`Paper 21
`Entered: September 25, 2014
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`FUZZYSHARP TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00001 (Patent 6,618,047 B1)
`Case IPR2014-00002 (Patent 6,172,679 B1)1
`
`
`
`Before JUSTIN T. ARBES, TREVOR M. JEFFERSON, and
`DAVID C. McKONE, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 This Order addresses an issue pertaining to both cases. Therefore, we
`exercise our discretion to issue one Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`IPR2014-00001 (Patent 6,618,047 B1)
`IPR2014-00002 (Patent 6,172,679 B1)
`
`
`
`
` Patent Owner requested a hearing in the instant proceedings pursuant
`to 37 C.F.R. § 42.70(a). See IPR2014-00001, Paper 20; IPR2014-00002,
`Paper 20. The requests are granted.2
`The instant proceedings involve related patents and similar asserted
`prior art. A combined hearing for both proceedings, therefore, is appropriate
`under the circumstances. Each party will have sixty (60) minutes of total
`time to present arguments for the two proceedings. 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 in both proceedings, and may reserve rebuttal time.
`Patent Owner then will respond to Petitioner’s case for both proceedings.
`After that, Petitioner may use the rest of its time to respond to Patent
`Owner’s presentation.
`The hearing will commence at 2:30 PM Eastern Time on October 28,
`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 hearing, and the
`reporter’s transcript will constitute the official record of the hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. 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
`
`
`2 Petitioner did not file a request for oral argument in either proceeding.
`If either party does not intend to participate at the hearing, the party shall
`contact the Board as soon as possible.
`2
`
`
`
`
`
`
`
`IPR2014-00001 (Patent 6,618,047 B1)
`IPR2014-00002 (Patent 6,172,679 B1)
`
`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.
`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 reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that one member of the
`panel will be attending the hearing electronically from a remote location and
`will not be able to view the projection screen in the hearing room. If a
`demonstrative exhibit is not filed before the hearing or otherwise made
`available to the judge presiding over the hearing remotely, that
`demonstrative exhibit will not be considered.
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearing, 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 hearing, the Board should be notified via a joint
`conference call no later than two days prior to the hearing to discuss the
`matter.
`
`
`
`3
`
`
`
`IPR2014-00001 (Patent 6,618,047 B1)
`IPR2014-00002 (Patent 6,172,679 B1)
`
`
`
`
`Requests for audio-visual equipment at the hearing 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 hearing. Further, if the parties have
`questions as to whether demonstrative exhibits would be sufficiently visible
`and available to all of the judges, the parties are invited to contact the Board
`at 571-272-9797.
`
`
`
`
`4
`
`
`
`
`
`IPR2014-00001 (Patent 6,618,047 B1)
`IPR2014-00002 (Patent 6,172,679 B1)
`
`PETITIONER:
`
`James F. Valentine
`Rajiv P. Sarathy
`PERKINS COIE LLP
`jvalentine@perkinscoie.com
`
`
`PATENT OWNER:
`
`David Fink
`Timothy Johnson
`FINK & JOHNSON
`texascowboy6@gmail.com
`federallitigationlaw@gmail.com
`
`
`
`
`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
