`Trials@uspto.gov
`571-272-7822 Entered: July 16, 2015
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`VMWARE, INC.,
`Petitioner,
`
`v.
`
`CLOUDING CORPORATION,
`Patent Owner.
`____________
`
`Cases IPR2014-01304 (Patent 7,065,637 B1)
`IPR2014-01305 (Patent 7,272,708 B1)1
`____________
`
`
`Before JAMESON LEE, JONI Y. CHANG, and MICHAEL W. KIM,
`Administrative Patent Judges.
`
`CHANG, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses the same issues in the above-identified cases.
`Therefore, we exercise our discretion to issue one Order to be entered in
`each of the identified cases.
`
`
`
`IPR2014-01304 (Patent 7,065,637 B1)
`IPR2014-01305 (Patent 7,272,708 B1)
`
`
`On February 6, 2015, we instituted the above-identified inter partes
`reviews. Paper 14.2 Both parties requested an oral hearing pursuant to 37
`C.F.R. § 42.70. Papers 27 and 28. The parties’ requests are granted. The
`hearing will commence at 1:00 PM Eastern Time, on September 8, 2015.
`The above-identified proceedings involve the same parties and similar
`issues. The trial schedules for both proceedings have been synchronized,
`and the oral hearings have been scheduled on the same day. Paper 15. The
`oral arguments for the proceedings will be merged and conducted at the
`same time, i.e., not in seriatim.
`Patent Owner requested a total of one hour for its oral arguments.
`Paper 28, 2. The parties’ requests for oral hearing are granted. Each party
`will have one hour of total time to present its arguments.
`At the oral hearing, Petitioner will proceed first to present its case as
`to the challenged claims and grounds the Board instituted trial. Thereafter,
`Patent Owner will respond to Petitioner’s case. After that, Petitioner will
`make use of the rest of its time responding to Patent Owner’s presentation on
`all matters.
`
`The hearing will be open to the public for in-person attendance, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance will be accommodated on a first-come
`first-serve basis. The Board will provide a court reporter for the hearing,
`
`
`2 For the purpose of clarity and expediency, all citations are to
`IPR2014-01304, as representative, unless otherwise noted.
`
`2
`
`
`
`IPR2014-01304 (Patent 7,065,637 B1)
`IPR2014-01305 (Patent 7,272,708 B1)
`
`and the reporter’s transcript will constitute the official record of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served no
`later than five business days before the hearing. They shall be filed with the
`Board no later than three business days prior to the hearing. The parties
`must initiate a conference call with the Board at least two business days
`prior to the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. For guidance on what constitutes an appropriate
`demonstrative exhibit, the parties are directed to CBS Interactive Inc., v.
`Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118
`(Oct. 23, 2013).
`
`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. If lead counsel for either party is unable to attend the oral
`argument, the Board should be notified via a joint telephone conference call
`no later than two business days prior to the oral hearing to discuss the
`matter.
`Requests for audio-visual equipment are to be made at least five
`business days in advance of the hearing date by sending the request to
`Trials@uspto.gov. If the request is not received timely, the equipment may
`not be available on the day of the hearing.
`
`3
`
`
`
`
`
`IPR2014-01304 (Patent 7,065,637 B1)
`IPR2014-01305 (Patent 7,272,708 B1)
`
`For PETITIONERS:
`Donald Daybell
`Bas de Blank
`Monte M.F. Cooper
`Jason Yu
`ORRICK, HERRINGTON, & SUTCLIFFE LLP
`d2dptabdocket@orrick.com
`M2BPTABDocket@orrick.com
`M26PTABDocket@orrick.com
`J2YPTABDocket@orrick.com
`
`
`
`For PATENT OWNER:
`
`Tarek N. Fahmi
`ASCENDA LAW GROUP, PC
`tarek.fahmi@ascendalaw.com
`
`
`
`
`
`
`
`
`4
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