`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`PETROLEUM GEO-SERVICES INC.
`and
`ION GEOPHYSICAL CORPORATION
`AND ION INTERNATIONAL S.A.R.L,
`
`
`
`
`Petitioners,
`
`v.
`
`WESTERNGECO L.L.C.
`
`Patent Owner.
`
`____________
`
`Case IPR2014-006881
`
`U.S. Patent No. 7,080,607
`
`____________
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`1 Case IPR2015-00567 has been joined with this proceeding.
`
`
`
`Patent Owner’s Request for Oral Argument
`Case IPR2014-00688
`U.S. Patent No. 7,080,607
`
`
`Pursuant to the Board’s December 15, 2014 Scheduling Order (Paper 34)
`
`and the parties’ Joint Notice of Stipulation to Revised Schedule (Paper 77), Patent
`
`Owner WesternGeco L.L.C. respectfully requests oral argument, currently
`
`scheduled on July 30, 2015. Patent Owner requests that argument in IPR2014-
`
`00688 be consolidated with argument in IPR2014-00687 and IPR2014-00689 and
`
`requests three hours to present its arguments: (a) two hours for oral argument for
`
`all three proceedings, and (b) one hour of live testimony by Mr. Robin C. Walker.
`
`Pursuant to 37 C.F.R. § 42.70, Patent Owner specifies the following issues to be
`
`argued:
`
`1. Claims 1 and 15 are not anticipated by Workman;
`
`2. Claims 1 and 15 are not obvious over Workman;
`
`3. Claims 1 and 15 are not obvious over Workman and Elholm;
`
`4. Construction of claims 1 and 15;
`
`5. Secondary considerations of non-obviousness;
`
`6. Petitioners’ identification of Real Parties in Interest;
`
`7. Whether Petitioners are in privity with each other;
`
`8. Collateral estoppel and res judicata;
`
`9. Whether the petition is time-barred under 35 U.S.C. § 315(b); and
`
`10. Whether Patent Owner has been afforded due process in this proceeding.
`
`
`
`
`
`2
`
`
`
`Patent Owner’s Request for Oral Argument
`Case IPR2014-00688
`U.S. Patent No. 7,080,607
`
`
`Patent Owner also requests that Robin C. Walker be allowed to provide live
`
`testimony at the oral hearing on the issue of secondary considerations of non-
`
`obviousness.2 Mr. Walker submitted a declaration and provided deposition
`
`testimony in support of Patent Owner’s secondary considerations argument.
`
`Petitioners provided no rebuttal evidence on secondary considerations in their
`
`reply brief. Instead, Petitioners’ sole response to this evidence was to attack Mr.
`
`Walker’s credibility. Mr. Walker’s credibility and testimony are therefore central
`
`to this Board’s secondary considerations determination. Patent Owner thus
`
`respectfully requests that Mr. Walker be allowed to testify. In addition to the two
`
`hours that Patent Owner requests for oral argument, Patent Owner requests one
`
`hour for Mr. Walker’s live witness testimony to be divided equally between
`
`Petitioner Petroleum Geo-Services, Inc. (“PGS”) and Patent Owner. Specifically,
`
`Patent Owner proposes that it receives 30 minutes for direct examination and that
`
`PGS receives 30 minutes for cross examination.3
`
`
`2 Patent Owner and Petitioner Petroleum Geo-Services Inc. (“PGS”) have
`
`conferred and it is Patent Owner’s understanding that PGS will oppose this request.
`
`3 Patent Owner reserves the right to request additional time for redirect at the oral
`
`hearing.
`
`
`
`
`
`3
`
`
`
`Patent Owner’s Request for Oral Argument
`Case IPR2014-00688
`U.S. Patent No. 7,080,607
`
`
`In the event any fees are required for this Request, please charge Deposit
`
`Respectfully submitted,
`
`Oblon, McClelland, Maier &
`Neustadt, LLP
`
`
`
`
`
`/Michael L. Kiklis/
`Michael L. Kiklis (Reg. No. 38,939)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Account No. 15-0030.
`
`
`
`
`
`
`
`
`
`
`
`Dated: June 29, 2015
`
`
`
`
`
`Customer Number
` 22850
`Tel. (703) 413-3000
`Fax. (703) 413-2220
`
`
`
`
`
`
`
`4
`
`
`
`Patent Owner’s Request for Oral Argument
`Case IPR2014-00688
`U.S. Patent No. 7,080,607
`
`
`CERTIFICATE OF SERVICE
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies service of
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT on the counsel of
`
`record for the Petitioners by filing this document through the Patent Review
`
`Processing System as well as delivering a copy via electronic mail to the following
`
`addresses:
`
`David Berl
`dberl@wc.com
`
`Jessamyn Berniker
`jberniker@wc.com
`
`Thomas S. Fletcher
`tfletcher@wc.com
`
`Christopher Suarez
`csuarez@wc.com
`
`W. Karl Renner
`Roberto Devoto
`IPR37136-0002IP1@fr.com
`
`
`
`
`
`
`
`
`
`/Michael L. Kiklis/
`Michael L. Kiklis (Reg. No. 38,939)
`
`
`
`
`
`5
`
`
`
`Dated: June 29, 2015
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