Trials@uspto.gov
`571-272-7822
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` Paper 67
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` Entered: October 7, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
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`ORACLE CORP., NETAPP INC.,
`HUAWEI TECHNOLOGIES CO., LTD., and
`DOT HILL SYSTEMS CORPORATION1,
`Petitioners,
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`v.
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`CROSSROADS SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-01197 (Patent 6,425,035 B2)2
`Case IPR2014-01207 (Patent 7,051,147 B2)
`Case IPR2014-01209 (Patent 7,051,147 B2)3
`____________
`
`
`Before NEIL T. POWELL, KRISTINA M. KALAN, J. JOHN LEE, and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
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`CHERRY, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`
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`1 Dot Hill is only a party in Case IPR2014-01197.
`2 Case IPR2015-00822 has been joined with this proceeding.
`3 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings.
`
`

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`IPR2014-01197 (Patent 6,425,035 B2)
`IPR2014-01207 (Patent 7,051,147 B2)
`IPR2014-01209 (Patent 7,051,147 B2)
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`Petitioners and Patent Owner requested a hearing in each of the above
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`proceedings pursuant to 37 C.F.R. § 42.70(a). See IPR2014-01197, Papers 54, 55;
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`IPR2014-01207, Papers 54, 55; IPR2014-01209, Papers 53, 54. The requests are
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`granted.
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`These proceedings will be heard in the afternoon of October 30, 2015,
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`beginning at 1:00 p.m. Given the overlap in these three proceedings, each party
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`will have 60 minutes of total argument time. Each side will present arguments for
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`both proceedings during the allotted time. Petitioner bears the ultimate burden of
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`proof that the claims at issue in this review are unpatentable. Therefore, Petitioner
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`will proceed first to present its case with regard to the challenged claims on which
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`basis we instituted trial and its motion to exclude. Thereafter, Patent Owner will
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`respond to Petitioner’s case and present any arguments in support of its motion to
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`exclude.
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`After that, Petitioner will make use of the rest of its time responding to
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`Patent Owner. There are no motions to amend to be addressed at the hearing.
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`The hearings will be open to the public for in-person attendance on the ninth
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`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. In-
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`person attendance will be accommodated on a first-come, first-served basis. The
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`Board will provide a court reporter for the hearings, and the reporter’s transcripts
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`will constitute the official record of the hearings.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
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`business days prior to the hearings. The parties shall confer with each other
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`regarding any objections to demonstrative exhibits in each proceeding, and file
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`demonstrative exhibits with the Board at least two business days prior to the
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`hearing. For any issue that cannot be resolved after conferring with the opposing
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`2
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`

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`IPR2014-01197 (Patent 6,425,035 B2)
`IPR2014-01207 (Patent 7,051,147 B2)
`IPR2014-01209 (Patent 7,051,147 B2)
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`party, the parties may file jointly a one-page list of objections at least two business
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`days prior to the hearing. The list should identify with particularity which
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`demonstrative exhibits are subject to objection and include a short statement (no
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`more than one sentence) of the reason for each objection. No argument or further
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`explanation is permitted. We will consider the objections and schedule a
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`conference call if necessary. Otherwise, we will reserve ruling on the objections
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`until the hearing or after the hearing. Any objection to demonstrative exhibits that
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`is not presented timely will be considered waived.
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`The parties are directed to CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013) (Paper
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`118), regarding the appropriate content of demonstrative exhibits. The parties are
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`reminded that the presenter must identify clearly and specifically each
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`demonstrative exhibit (e.g., by slide or screen number) referenced during the
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`hearings to ensure the clarity and accuracy of the reporter’s transcripts.
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`The Board expects lead counsel for Petitioners and Patent Owner to be
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`present at the hearings, although any back-up counsel may make the actual
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`presentation, in whole or in part. If lead counsel for a party will not be in
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`attendance at the hearings, the Board should be notified via a joint conference call
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`no later than two days prior to the hearings to discuss the matter.
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`Requests for audio-visual equipment at the hearings are to be made five days
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`in advance of the hearing date. The requests must be sent to Trials@uspto.gov. If
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`the requests are not received timely, equipment may not be available on the day of
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`the hearings. Further, if the parties have questions as to whether demonstrative
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`exhibits would be sufficiently visible and available to all of the judges, the parties
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`are invited to contact the Board at 571-272-9797.
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`3
`
`

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`IPR2014-01197 (Patent 6,425,035 B2)
`IPR2014-01207 (Patent 7,051,147 B2)
`IPR2014-01209 (Patent 7,051,147 B2)
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`PETITIONERS:
`
`Greg Gardella
`Scott McKeown
`OBLON, MCCLELLAND, MAIER & NEUSTADT, LLP
`cpdocketgardella@oblon.com
`cpdocketmckeown@oblon.com
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`
`
`PATENT OWNER:
`
`Steven R. Sprinkle
`John L. Adair
`SPRINKLE IP LAW GROUP
`crossroadsipr@sprinklelaw.com
`ssprinkle@sprinklelaw.com
`
`
`
`Russell Wong
`James Hall
`Scott S. Crocker
`Keith Rutherford
`BLANK ROME LLP
`CrossroadsIPR@blankrome.com
`
`4