`Tel: 571-272-7822
`
`
`Paper 33
`Entered: August 6, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CHUMS, INC. and CROAKIES, INC.,
`Petitioner,
`
`v.
`
`CABLZ, INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-01240
`Patent 8,366,268 B2
`_______________
`
`
`
`Before JOSIAH C. COCKS, JEREMY M. PLENZLER, and
`KRISTINA M. KALAN, Administrative Patent Judges.
`
`PLENZLER, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2014-01240
`Patent 8,366,268 B2
`
`
`In the Scheduling Order dated February 10, 2015 (Paper 11), oral
`argument was scheduled to be held on September 2, 2015, if requested by
`the parties. On July 27, 2015, Petitioner requested oral argument (Paper 28),
`and on August 3, 2015 Patent Owner requested oral argument (Paper 31).
`We note that Patent Owner’s request is untimely, as the scheduling order set
`a deadline of July 27, 2015 for requesting oral argument. Paper 11, 3. The
`scheduling order notes that the July 27 deadline is “for Board planning
`purposes.” Id. As noted above, Petitioner’s request was timely, and in this
`particular case the Board’s planning of the oral hearing is not adversely
`affected by Patent Owner’s untimely request. Accordingly, the requests are
`granted.
`Each party will have sixty minutes to present argument. The oral
`argument will commence at 1:00 PM Eastern Time, on Tuesday, September
`2, 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 rebuttal time to respond to Patent Owner’s argument.
`Patent Owner will respond to Petitioner’s initial presentation, having
`available to it the entirety of its allotted argument time. Thereafter,
`Petitioner may use the time it has reserved to rebut Patent Owner’s
`presentation.
`
` 2
`
`
`
`
`
`
`
`IPR2014-01240
`Patent 8,366,268 B2
`
`
`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. At least one member of the panel will be attending
`the oral argument remotely by use of two-way audio-visual communication
`equipment.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days before the hearing. 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 shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board. For guidance on what
`constitutes an appropriate demonstrative exhibit, the parties are directed to
`Paper 118 in CBS Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033
`(PTAB October 23, 2013). No live testimony from any witness will be
`taken at the oral argument.
`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
`
`
`
`
`
`
`
`
`
`
`
`IPR2014-01240
`Patent 8,366,268 B2
`
`For PETITIONER:
`
`Daniel C. Higgs
`Stoel Rives LLP
`dchiggs@stoel.com
`
`Andrew D. Malsow
`Law Office of Andrew D. Maslow
`andy@andymaslow.com
`
`Kevin B. Laurence
`Oblon, McClelland, Maier & Neustadt, L.L.P.
`CPDocketLaurence@oblon.com
`
`For PATENT OWNER:
`
`Joseph S. Bird, III
`Paul M. Sykes
`Bradley Arant Boult Cummings LLP
`jbird@babc.com
`psykes@babc.com
`
`
`
` 4
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