`Tel: 571-272-7822
`
`Paper 37
`Entered: April 10, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`VIRNETX INC.,
`Patent Owner.
`
`
`Case IPR2014-00403 (Patent 7,987,274 B2)
`Case IPR2014-00404 (Patent 7,987,274 B2) 1
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`
`
`
`
`
`
`
`
`
`Before MICHAEL P. TIERNEY, KARL D. EASTHOM, and
`STEPHEN C. SIU, Administrative Patent Judges.
`
`TIERNEY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`35 U.S.C. § 326(a)(10)
`
`
`1 This order addresses an issue that is identical in both cases. Therefore, we
`exercise discretion to issue one order to be filed in each of the two cases.
`The parties, however, are not authorized to use this style heading.
`
`
`
`IPR2014-00403 (Patent 7,987,274 B2)
`IPR2014-00404 (Patent 7,987,274 B2)
`
`
`
`
`Petitioner requests a hearing in each of the two cases pursuant to
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`37 C.F.R. § 42.70. Paper 36. Patent Owner does not seek a hearing but
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`would participate to the same extent as Petitioner, should a request for
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`hearing be granted. Paper 35. Petitioner’s requests are granted.
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`There is substantial overlap in the issues raised in the two cases.
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`Accordingly, each party will have sixty (60) minutes total time to present
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`arguments. Petitioner will proceed first to present its case with respect to the
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`challenged claims and grounds for which the Board instituted trial in
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`IPR2014-00403 and -00404. Thereafter, Patent Owner will respond to
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`Petitioner’s presentation. Both parties may reserve some of their argument
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`time for rebuttal and Patent Owner will be afforded an opportunity to
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`provide a closing statement along with any rebuttal.
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`
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`The hearing for these cases will commence at 10:00 a.m. Eastern
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`Time, on April 28, 2015, and it will be open to the public for in-person
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`attendance, on the ninth floor of Madison Building East, 600 Dulany Street,
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`Alexandria, Virginia. In-person attendance will be accommodated on a
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`first-come, first-served basis. The Board will provide a court reporter for the
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`hearing and the reporter’s transcript will constitute the official record of the
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`hearing.
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`
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`five business days prior to the hearing. They shall be filed at the Board two
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`business days prior to the hearing, and the parties must initiate a conference
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`call with the Board by two business days prior to the hearing to resolve any
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`dispute over the propriety of each party’s demonstrative exhibits. Any
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`dispute over the propriety of demonstrative exhibits that is not timely
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`presented two business days prior to the hearing will be considered waived.
`
`2
`
`
`
`IPR2014-00403 (Patent 7,987,274 B2)
`IPR2014-00404 (Patent 7,987,274 B2)
`
`
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, IPR2013-00033, Paper 118 (October 23, 2013), regarding
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`the appropriate content of demonstrative exhibits.
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`
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`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. Requests for audio-visual
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`equipment are to be made 5 days in advance of the hearing date. The
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`request is to be sent to Trials@uspto.gov. If the request is not received
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`timely, the equipment may not be available on the day of the hearing.
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`The Board expects lead counsel for each party to be present at
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`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If any lead counsel will not be in attendance at hearing, the
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`Board should be notified via a joint telephone conference call no later than
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`two days prior to the hearing to discuss the matter.
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`
`
`
`
`3
`
`
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`IPR2014-00403 (Patent 7,987,274 B2)
`IPR2014-00404 (Patent 7,987,274 B2)
`
`
`PETITIONER:
`
`Walter Renner
`Jeffrey Kushan
`Kevin Greene
`Joseph Micallef
`axf@fr.com
`jkushan@sidley.com
`IPR38868-0003IP1@fr.com
`jmicallef@sidley.com
`
`
`PATENT OWNER:
`
`Joseph E. Palys
`Naveen Modi
`Jason Stach
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`Jason.stach@finnegan.com
`
`
`
`4
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`