`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`
`
`
` Paper 32
`
`
` Entered: November 10, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`B.E. TECHNOLOGY, L.L.C.,
`Patent Owner.
`_______________
`
`Case IPR2014-00040
`Patent 6,771,290 B1
`_______________
`
`Before SALLY C. MEDLEY, KALYAN K. DESHPANDE, and
`LYNNE E. PETTIGREW, Administrative Patent Judges.
`
`
`MEDLEY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10)
`
`
`
`Both parties request a hearing in this case pursuant to 37 C.F.R.
`§ 42.70. The requests are granted.
`This case is related to IPR2014-00029, IPR2014-00031, IPR2014-
`00033, and IPR2014-00044. Although the petitioners in those cases are
`
`
`
`IPR2014-00040
`Patent 6,771,290 B1
`
`different than the one in this case, the petitioners in all cases (“collective
`Petitioners”) request a consolidated hearing, whereby the collective
`Petitioners would present arguments jointly. See, e.g., IPR2014-00040,
`Paper 30, 1. Patent Owner agrees with this approach. See, e.g., IPR2014-
`00040, Paper 31, 1.
`The collective Petitioners in IPR2014-00029, IPR2014-00031,
`IPR2014-00033, IPR2014-00040, and IPR2014-00044 will have sixty (60)
`minutes total time to present arguments. Patent Owner will have sixty (60)
`minutes total time to present arguments. The collective Petitioners will
`proceed first to present the cases with respect to the challenged claims and
`grounds for which the Board instituted trial in IPR2014-00029, IPR2014-
`00031, IPR2014-00033, IPR2014-00040, and IPR2014-00044. The
`collective Petitioners may reserve some argument time for rebuttal.
`Thereafter, Patent Owner will respond to the collective Petitioners’
`presentation.
`The hearing for IPR2014-00029, IPR2014-00031, IPR2014-00033,
`IPR2014-00040, and IPR2014-00044 will commence at 1:00 PM Eastern
`Time, on December 11, 2014, and it 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. They shall be filed at the Board two
`business days prior to the hearing, and the parties must initiate a conference
`
`2
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`
`
`IPR2014-00040
`Patent 6,771,290 B1
`
`call with the Board by two business days prior to the hearing to resolve any
`dispute over the propriety of each party’s demonstrative exhibits. Any
`dispute over the propriety of demonstrative exhibits that is not timely
`presented two business days prior to the hearing will be considered waived.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding
`the appropriate content of demonstrative exhibits.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. 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.
`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 Board expects lead counsel for each party to be present at
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`Board should be notified via a joint telephone conference call no later than
`two days prior to the hearing to discuss the matter.
`
`
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`3
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`
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`IPR2014-00040
`Patent 6,771,290 B1
`
`
`
`
`
`For PETITIONER:
`
`Jeffrey P. Kushan
`Scott M. Border
`Sidley Austin LLP
`jkushan@sidley.com
`sborder@sidley.com
`
`
`For PATENT OWNER:
`
`Jason S. Angell
`Robert E. Freitas
`Freitas Tseng & Kaufman LLP
`jangell@ftklaw.com
`rfreitas@ftklaw.com
`
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`4
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`
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