Trials@uspto.gov
`571-272-7822
`
`IPR2014-00136 Paper 28
`IPR2014-00139 Paper 27
`Date Entered: January 6, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RELOADED GAMES, INC.,
`Petitioner,
`
`v.
`
`PARALLEL NETWORKS LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00136
`Patent 7,188,145 B2
`Case IPR2014-00139
`Patent 7,730,262 B21
`____________
`
`
`
`Before KRISTEN L. DROESCH, BRIAN J. McNAMARA, and
`HYUN J. JUNG, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`1 This Order addresses issues that are identical in related cases. Therefore,
`we exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in any
`subsequent papers.
`
`
`571-272-7822
`
`IPR2014-00136 Paper 28
`IPR2014-00139 Paper 27
`Date Entered: January 6, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`RELOADED GAMES, INC.,
`Petitioner,
`
`v.
`
`PARALLEL NETWORKS LLC,
`Patent Owner.
`____________
`
`Case IPR2014-00136
`Patent 7,188,145 B2
`Case IPR2014-00139
`Patent 7,730,262 B21
`____________
`
`
`
`Before KRISTEN L. DROESCH, BRIAN J. McNAMARA, and
`HYUN J. JUNG, Administrative Patent Judges
`
`McNAMARA, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37C.F.R. § 42.70
`
`
`1 This Order addresses issues that are identical in related cases. Therefore,
`we exercise our discretion to issue one order to be filed in each case. The
`parties, however, are not authorized to use this style heading in any
`subsequent papers.
`
`
`
`Case IPR2014-00136; IPR2014-00139
`Patent 7,188,145 B2; 7,730,262 B2
`
`
`A trial in each of the subject proceedings was instituted on May 16, 2014.
`IPR2014-00136, Paper 15, IPR2014-00139 Paper 16 (“Decision to Institute”).
`Both parties have requested oral hearing in each of the subject proceedings
`pursuant to 37 C.F.R. § 42.70. The request is GRANTED. Please note that the
`date of oral hearing has been changed from February 5, 2015 in the original
`Scheduling Order entered in each proceeding to February 12, 2015.
`We will conduct a consolidated hearing during which each party will have
`60 minutes of total argument time. Reloaded Games, Inc. (“Petitioner”) bears the
`ultimate burden of proof that the claims at issue in this review are unpatentable.
`Therefore, at oral hearing Petitioner will proceed first to present its case with
`regard to the challenged claims on which basis we instituted trial. Thereafter,
`Parallel Networks LLC (“Patent Owner”) will argue its opposition to Petitioner’s
`case. Petitioner may then use any time Petitioner reserved to rebut Patent Owner’s
`opposition. There are no motions to amend or other issues to be argued at the
`hearing.
`There is a strong public policy interest in making all information presented
`in these proceedings public, as the review determines the patentability of claims in
`an issued patent and thus affects the rights of the public. This policy is reflected in
`part, for example, in 35 U.S.C. § 316(a)(1) and 35 U.S.C. § 326(a)(1) which
`provide that the file of any inter partes review or post grant review be made
`available to the public, except that any petition or document filed with the intent
`that it be sealed shall, if accompanied by a motion to seal, be treated as sealed
`pending the outcome of the ruling on the motion. There are no motions to seal in
`the present proceeding. Accordingly, the Board exercises its discretion to make
`the oral hearing publically available via in-person attendance.
`
`
`
`2
`
`
`
`Case IPR2014-00136; IPR2014-00139
`Patent 7,188,145 B2; 7,730,262 B2
`
`
`Specifically, the hearing will commence at 1:00 PM ET, on February 12,
`2015, 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 serve 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 before the
`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`appropriate content of demonstrative exhibits. Any issue regarding demonstrative
`exhibits should be resolved at least two days prior to the hearing by way of a joint
`telephone conference call to the Board. The parties are responsible for requesting
`such a conference sufficiently in advance of the hearing to accommodate this
`requirement. Any objection to demonstrative exhibits that is not timely presented
`will be considered waived. Demonstratives should be filed at the Board no later
`than two days before the hearing. A hard copy of the demonstratives should be
`provided to the court reporter at the hearing.
`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.
`
`
`
`3
`
`
`
`Case IPR2014-00136; IPR2014-00139
`Patent 7,188,145 B2; 7,730,262 B2
`
`
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, lead or backup counsel may present the party’s argument.
`If either party anticipates that its lead counsel will not be attending the oral
`argument, the parties should initiate a joint telephone conference with the Board no
`later than two business days prior to the oral hearing to discuss the matter.
`
`
`PETITIONER: (via electronic transmission)
`
`Eric Buresh
`eric.buresh@eriseip.com
`
`Mark Lang
`mark.lang@eriseip.com
`
`PATENT OWNER: (via electronic transmission)
`
`Darren Collins
`dwcollins@mcguirewoods.com
`
`Robert Hilton
`rhilton@mcguirewoods.com
`
`Aaron Pickell
`apickell@mcguirewoods.com
`
`
`
`4
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