`Tel: 571-272-7822
`
`Paper 30
`Entered: October 13, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`EMC CORPORATION, EMC INTERNATIONAL US. HOLDINGS, INC.,
`AND VMWARE, INC.,
`Petitioner,
`
`v.
`
`CLOUDING CORP.,
`Patent Owner.
`
`
`Case IPR2014-01309
`Patent 5,944,839
`
`
`
`Before JAMESON LEE, RAMA G. ELLURU, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`ELLURU, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`IPR2014-01309
`Patent 5,944,839
`
`Pursuant to our prior orders, oral argument is scheduled to be held in
`this proceeding on October 20, 2015, if requested by the parties. Papers 15,
`27. Both Petitioner and Patent Owner requested oral argument. Papers 23,
`24. The requests are granted.
`The oral argument will commence at 10:00 AM Eastern Time, on
`Tuesday, October 20, 2015, on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia 22314.
`Each party will have 45 minutes to present arguments. 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 on
`which the Board instituted trial. Petitioner may reserve some of its argument
`time for rebuttal. Patent Owner will then respond to Petitioner’s initial
`presentation. Finally, Petitioner may use the time it has reserved to reply to
`Patent Owner’s presentation.
`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. The
`oral argument will be open to the public for in-person attendance, which will
`be accommodated on a first-come, first-served basis. The parties shall serve
`any demonstrative exhibits on opposing counsel at least five business days
`before the hearing. The parties shall also provide a courtesy copy of any
`demonstrative exhibits to the Board no later than two business days before
`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.
`
`2
`
`
`
`IPR2014-01309
`Patent 5,944,839
`
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`v. The Board of Regents of the University of Michigan, IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits. The parties shall confer with each other
`regarding any objections to demonstrative exhibits. For any issue that cannot
`be resolved after conferring, the parties may each file a one-page list of
`objections at least three business days before the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short statement (no more than one sentence) of the
`reason for each objection. No argument or further explanation is permitted.
`The Board will consider the objections and schedule a telephone
`conference if deemed necessary. Any objection to demonstrative exhibits
`that is not timely presented will be considered waived.
`The parties are advised that at least one member of the panel will be
`attending the hearing from a remote location. The parties are reminded that
`the presenter must identify clearly and specifically each demonstrative
`exhibit (e.g., by slide or screen number) referenced during the hearing to
`ensure the clarity and accuracy of the reporter’s transcript and the ability of
`the judge participating remotely to follow the presenter’s arguments.
`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 will not be in attendance at
`oral hearing, the Board should be notified via a joint telephone conference
`call no later than two business days before the oral hearing to discuss the
`matter.
`
`3
`
`
`
`IPR2014-01309
`Patent 5,944,839
`
`The parties have indicated that they will request the use of audio-
`visual equipment during the oral hearing. Formal requests are to be made
`five business days in advance of the hearing date and should be sent to
`Trials@uspto.gov. If the request is not timely, the equipment may not be
`available on that day of the hearing.
`
`
`
`
`
`
`
`4
`
`
`
`5
`
`IPR2014-01309
`Patent 5,944,839
`
`PETITIONER:
`
`Donald Daybell
`Bas de Blank
`Monte M. F. Cooper
`Jason Yu
`ORRICK, HERRINGTON, &
`SUTCLIFFE LLP
`d2dptabdocket@orrick.com
`m2sptabdocket@orrick.com
`m26ptabdocket@orrick.com
`j2yptabdocket@orrick.com
`
`
`
`PATENT OWNER:
`
`Tarek Fahmi
`ASCENDA LAW GROUP, PC
`tarek.fahmi@ascendalaw.com
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