`Tel: 571-272-7822
`
`
`Paper 16
`Entered: April 10, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`MASTERCARD INTERNATIONAL INCORPORATED,
`Petitioner,
`
`v.
`
`JOHN D’AGOSTINO,
`Patent Owner.
`_______________
`
`Case IPR2014-00543 (Patent 8,036,988)
`Case IPR2014-00544 (Patent 7,840,486)
`_______________
`
`
`
`Before SALLY C. MEDLEY, KARL D. EASTHOM, and
`KALYAN K. DESHPANDE, Administrative Patent Judges.
`
`
`DESHPANDE, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`Case IPR2014-00543 (Patent 8,036,988)
`Case IPR2014-00544 (Patent 7,840,486)
`
`
`In the Scheduling Order dated September 4, 2014 (Paper 9), oral
`
`argument was scheduled to be held on May 12, 2015, if requested by the
`
`parties. Patent Owner and Petitioner have requested oral argument. Papers
`
`19, 21. The request is granted.
`
`Each party will have 60 minutes of oral argument time for both
`
`IPR2014-00543 and IPR2014-00544, together or separately, as desired. The
`
`oral argument will commence at 1:00 PM Eastern Time, on Tuesday, May
`
`12, 2015. The Board will provide a court reporter for the oral argument and
`
`the reporter’s transcript will constitute the official record of the oral
`
`argument. The hearing transcript will be entered in the record of this
`
`proceeding.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`
`patent claims at issue are unpatentable. Therefore, at oral argument,
`
`Petitioner will proceed first to present its case with respect to the challenged
`
`patent claims and grounds with respect to which the Board instituted trial.
`
`Petitioner may reserve some of its argument time for use in further
`
`presentation after Patent Owner has responded to Petitioner’s initial
`
`presentation.
`
`Patent Owner will respond to Petitioner’s initial presentation, having
`
`available to it the entirety of its allotted argument time. Thereafter,
`
`Petitioner may make use of the time it has reserved, to rebut Patent Owner’s
`
`presentation.
`
`The oral argument will be open to the public for in-person attendance,
`
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia 22314. In-person attendance will be accommodated on a first-
`
`come, first-served basis.
`
` 2
`
`
`
`
`
`
`
`Case IPR2014-00543 (Patent 8,036,988)
`Case IPR2014-00544 (Patent 7,840,486)
`
`
`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
`
`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.
`
`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. If the parties have questions as to whether
`
`demonstrative exhibits would be sufficiently visible and available to all of
`
`the judges, the parties are invited to contact the Board at 571-272-9797. The
`
`Board expects lead counsel for each party to be present at oral hearing,
`
`although any backup counsel may make the actual presentation, in whole or
`
`in part. 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.
`
`
`
`
`
` 3
`
`
`
`
`
`
`
`Case IPR2014-00543 (Patent 8,036,988)
`Case IPR2014-00544 (Patent 7,840,486)
`
`
`
`
`For PETITIONER:
`
`Robert Scheinfeld
`robert.scheinfeld@bakerbotts.com
`
`Eliot Williams
`eliot.williams@bakerbotts.com
`
`
`
`For PATENT OWNER:
`
`Stephen Lewellyn
`s.lewellyn@maxeyiplaw.com
`
`Brittany Maxey
`b.maxey@maxeyiplaw.com
`
`
`
` 4
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