`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`________________
`
`
`MASTERCARD INTERNATIONAL INCORPORATED
`Petitioner
`
`v.
`
`D’AGOSTINO, JOHN
`Patent Owner
`
`________________
`
`
`Case IPR2014-00543
`Patent 8,036,988
`
`________________
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`Case IPR2014-00543
`Docket No. 253.009
`
`
`
`In accordance with 37 C.F.R. § 42.70(a) and the Scheduling Order entered on
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`September 4, 2014 (Paper 9), Patent Owner requests oral argument on the patentability of
`
`the challenged claims in U.S. Patent No. 8,036,988. In particular, Patent Owner
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`requests, without waiving consideration of any issue not listed below, argument on the
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`following issues:
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`
`
`
`
`
`
`
`
`
`
`(1)
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`the proper construction of the term “generating a transaction code;”
`
`(2)
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`the proper construction of the term “particular merchant;”
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`(3)
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`the proper construction of the term “single merchant;”
`
`(4)
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`the proper construction of the term “said single merchant limitation;”
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`(5)
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`the proper construction of the term “said one or more merchants limitation,”
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`and any other disputed claim terms;
`
`
`
`(6)
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`the patentability of the challenged claims 1-38 over instituted Grounds 1
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`and 2;
`
`
`
`
`
`
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`(7)
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`all motions to exclude filed by the parties; and
`
`(8)
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`any other matters raised by Petitioner or the Board.
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`A similar request is being filed today in proceeding IPR2014-00544, which
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`concerns U.S. Patent No. 7,840,486. Because of the similarities at issue in these two IPR
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`proceedings, the Patent Owner requests one hour per side for the two IPR proceedings.
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`The Board has already scheduled Oral Argument for May 12, 2015. See Paper 9.
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`
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`Patent Owner requests the use of audio/visual equipment to display demonstrative
`
`exhibits, including the use of a projector and screen for power point display, and will
`
`1
`
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`
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`contact the Board Trial Division paralegal, per the Trial Practice Guide. 77 Fed. Reg. at
`
`Case IPR2014-00543
`Docket No. 253.009
`
`48768.
`
`
`
`April 2, 2015
`
`Respectfully Submitted,
`
`
`By: /s/ Stephen Lewellyn
`Stephen J. Lewellyn (Reg. No. 51,942)
`Brittany J. Maxey (Reg. No. 57,621)
`Maxey Law Offices, PLLC
`100 Second Avenue South
`Suite 401 North Tower
`St. Petersburg, Florida 33701
`Telephone: 727-230-4949
`Facsimile: 727-230-4827
`s.lewellyn@maxeyiplaw.com
`b.maxey@maxeyiplaw.com
`Agent and Attorney for Patent Owner,
`John D’Agostino
`
`2
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Under 37 C.F.R. §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on April 2, 2015, a complete and entire copy of this Patent Owner’s Request
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`for Oral Argument was provided via email to the Petitioner by serving the
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`correspondence email addresses of record as follows:
`
`Robert Scheinfeld, Lead Counsel
`Baker Botts LLP
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Service Email: robert.scheinfeld@bakerbotts.com
`
`Eliot William, Back-up Counsel
`Baker Botts LLP
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, California 94304-1007
`Service Email: eliot.williams@bakerbotts.com
`
`
`
`
`
`
`
`
`
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`
`
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`Respectfully submitted,
`
`/s/Stephen Lewellyn
`Stephen J. Lewellyn
`Reg. No. 51,942
`Agent for Patent Owner
`
`
`
`
`
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