`
`––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––
`
`MASTERCARD INTERNATIONAL INCORPORATED
`Petitioner
`
`v.
`
`JOHN D’AGOSTINO
`Patent Owner
`
`––––––––––
`
`Case IPR2014-00543
`(Patent 8,036,988)
`
`Title: System and Method for Performing Secure Credit Card Transactions
`
`
`
`
`
`––––––––––
`
`PETITIONER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`Petitioner’s Request for Oral Argument
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s September 4, 2014
`
`Scheduling Order (Paper 9), Petitioner MasterCard International Incorporated
`
`respectfully requests oral argument on the patentability of U.S. Patent No.
`
`8,036,988 (the “Patent-in-Suit”). MasterCard has also filed a Request for Oral
`
`Argument in the related case IPR2014-0544, and suggests that oral argument for
`
`both cases take place concurrently. MasterCard believes that a total of 1 hour for
`
`each side would be sufficient to address the issues in both cases.
`
`Petitioner requests, without waiving consideration of any issue not listed
`
`below, argument on the following issues:
`
`1. the Motion to Exclude filed by MasterCard concurrently with this Request
`
`for Oral Argument;
`
`2. the proper construction of the term “single merchant limitation being
`
`included in said payment category prior to any particular merchant being identified
`
`as a single merchant”;
`
`3. whether claims 1-10, 15-25, 27-33, and 35-38 of the Patent-in-Suit are
`
`invalid in view of Cohen (U.S. Patent No. 6,422,462);
`
`4. whether claims 11-14, 26, and 34 of the Patent-in-Suit are invalid in view
`
`of Cohen and Musmanno (U.S. Patent No. 5,826,243); and
`
`5. any other issues specified by the Patent Owner in his Request for Oral
`
`Argument.
`
`
`
`1
`
`
`
`Petitioner’s Request for Oral Argument
`
`MasterCard respectfully requests the ability to use audio-visual equipment to
`
`display demonstrative exhibits, including the use of a projector and screen for
`
`power point display.
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`BAKER BOTTS LLP
`/Robert C. Scheinfeld/
`Robert C. Scheinfeld
`Reg. No. 31,300
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Phone: (212) 408-2512
`Facsimile: (212) 408-2501
`robert.scheinfeld@bakerbotts.com
`
`ATTORNEYS FOR PETITIONER
`MASTERCARD INTERNATIONAL
`INCORPORATED
`
`April 6, 2015
`
`
`
`Eliot D. Williams
`Reg. No. 50,822
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`Phone: (650) 739-7511
`Facsimile: (650) 739-7611
`eliot.williams@bakerbotts.com
`
`
`
`
`2
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on the 6th day of April, 2015, a complete and
`
`entire copy of PETITIONER’S REQUEST FOR ORAL ARGUMENT was served
`
`via electronic mail and Federal Express to the Patent Owner’s attorneys of record
`
`at the following address:
`
`
`
`Stephen J. Lewellyn
`Brittany J. Maxey
`Maxey Law Offices, PLLC
`100 Second Avenue South
`Suite 401 North Tower
`St. Petersburg, Florida 33701
`s.lewellyn@maxeyiplaw.com
`b.maxey@maxeyiplaw.com
`
`
`
`
`
`
`
`Respectfully submitted,
`BAKER BOTTS LLP
`
`/Robert C. Scheinfeld/
`Robert C. Scheinfeld
`Reg. No. 31,300
`30 Rockefeller Plaza, 44th Floor
`New York, New York 10112-4498
`Phone: (212) 408-2512
`Facsimile: (212) 408-2501
`robert.scheinfeld@bakerbotts.com
`
`ATTORNEYS FOR PETITIONER
`MASTERCARD INTERNATIONAL
`INCORPORATED
`
`
`
`
`
`Eliot D. Williams
`Reg. No. 50,822
`1001 Page Mill Road
`Building One, Suite 200
`Palo Alto, CA 94304
`Phone: (650) 739-7511
`Facsimile: (650) 739-7611
`eliot.williams@bakerbotts.com
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