Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 36
`Entered: October 8, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC., CIENA CORPORATION,
`CORIANT OPERATIONS, INC., CORIANT (USA) INC., AND
`FUJITSU NETWORK COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.,
`Patent Owner.
`____________
`
`Cases IPR2014-011661 and IPR2014-012762
`Patents RE42,368 and RE42,6783
`____________
`
`
`
`
`Before JOSIAH C. COCKS, KALYAN K. DESHPANDE, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 Case IPR2015-00816 has been joined with this proceeding.
`2 Case IPR2015-00894 has been joined with this proceeding
`3 This order addresses issues that are the same in the identified cases. The
`parties are authorized to use this heading when filing a single paper in each
`proceeding, provided that such heading includes a footnote attesting that
`“the word-for-word identical paper is filed in each proceeding identified in
`the heading.”
`
`
`571-272-7822
`
`
`
`
`Paper 36
`Entered: October 8, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC., CIENA CORPORATION,
`CORIANT OPERATIONS, INC., CORIANT (USA) INC., AND
`FUJITSU NETWORK COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.,
`Patent Owner.
`____________
`
`Cases IPR2014-011661 and IPR2014-012762
`Patents RE42,368 and RE42,6783
`____________
`
`
`
`
`Before JOSIAH C. COCKS, KALYAN K. DESHPANDE, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 Case IPR2015-00816 has been joined with this proceeding.
`2 Case IPR2015-00894 has been joined with this proceeding
`3 This order addresses issues that are the same in the identified cases. The
`parties are authorized to use this heading when filing a single paper in each
`proceeding, provided that such heading includes a footnote attesting that
`“the word-for-word identical paper is filed in each proceeding identified in
`the heading.”
`
`
`
`IPR2014-01166 and IPR2014-01276
`Patent RE42,368 and RE42,678
`
`
`The date set for oral hearing in these proceedings is November 5,
`2015, if hearing is requested by either party and granted by the Board.
`IPR2014-01166, Paper 9; IPR2014-01276, Paper 9. Both parties request
`oral hearing. IPR2014-01166, Papers 27, 29; IPR2014-01276, Papers 21,
`23. The requests are granted.
`Each side will have sixty (60) minutes, total, to present its argument in
`both cases. Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in these reviews are unpatentable and shall open the hearing.
`The parties may agree prior to the hearing to the order and manner in which
`arguments will be presented with respect to both cases. Absent such
`agreement, the hearing shall proceed as follows. Petitioner will open the
`hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial in IPR2014-01166. After Petitioner’s presentation,
`Patent Owner will respond to Petitioner’s argument. Petitioner may reserve
`rebuttal time to respond to arguments presented by Patent Owner. Next,
`Petitioner will present its case regarding the challenged claims for which the
`Board instituted trial in IPR2014-01276. After Petitioner’s presentation,
`Patent Owner will respond to Petitioner’s argument. Petitioner may reserve
`rebuttal time to respond to arguments presented by Patent Owner.
`The hearing will commence at 1:30 PM on November 5, 2015, on the
`ninth floor of the Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis. If the parties have any
`
`2
`
`
`
`IPR2014-01166 and IPR2014-01276
`Patent RE42,368 and RE42,678
`
`concern about disclosing confidential information, they are requested to
`contact the Board at least 10 days in advance of the hearing to discuss the
`matter.
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`be served at least five business days before the hearing date and filed no
`later than the time of the oral argument. The parties also shall provide a
`courtesy copy of any demonstrative exhibits to the Board at least five
`business days prior to the hearing by emailing them to Trials@uspto.gov.
`The parties must file any objections to the demonstrative exhibits with
`the Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstrative exhibits are subject to objection, and include a short (one
`sentence or less) statement of the reason for each objection. No argument or
`further explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections until after the oral argument. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`2015) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`
`3
`
`
`
`IPR2014-01166 and IPR2014-01276
`Patent RE42,368 and RE42,678
`
`
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party expects that its lead counsel will not be attending
`the oral argument, the parties should initiate a joint telephone conference
`with the Board no later than two business days prior to the oral hearing to
`discuss the matter.
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five days before
`the hearing directed to the above email address.
`ORDER
`Oral argument in IPR2014-01166 and IPR2014-01276 will commence
`at 1:30 PM on November 5, 2015, on the ninth floor of the Madison
`Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`4
`
`
`
`IPR2014-01166 and IPR2014-01276
`Patent RE42,368 and RE42,678
`
`PETITIONER:
`Wayne O. Stacy
`Matthew J. Leary
`COOLEY LLP
`wstacey@cooley.com
`capellacisco@cooley.com
`
`PATENT OWNER:
`Robert Sterne
`Jon E. Wright
`Jason D. Eisenberg
`Nicholas J. Nowak
`Jonathan Tuminaro
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`rsterne-PTAB@skgf.com
`jwright-PTAB@skgf.com
`jasone-PTAB@skgf.com
`nnowak-PTAB@skgf.com
`jtuminar-PTAB@skgf.com
`
`
`
`
`
`
`5
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