Trials@uspto.gov
`571-272-7822
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` Paper 44
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` Entered: October 23, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`MICROSOFT CORPORATION,
`Petitioner,
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`v.
`
`BISCOTTI INC.,
`Patent Owner.
`____________
`
`Case IPR2014-01457 (Patent 8,144,182 B2)
`Case IPR2014-01458 (Patent 8,144,182 B2)
` Case IPR2014-01459 (Patent 8,144,182 B2)1
`____________
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`Before MICHELLE R. OSINSKI, NEIL T. POWELL, and
`KEVIN W. CHERRY, Administrative Patent Judges.
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`POWELL, Administrative Patent Judge.
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`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`
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`1 This Order applies to each of the listed cases. We exercise our discretion to issue
`one Order to be docketed in each case. The parties, however, are not authorized to
`use this caption for any subsequent papers.
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`

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`IPR2014-01457 (Patent 8,144,182 B2)
`IPR2014-01458 (Patent 8,144,182 B2)
`IPR2014-01459 (Patent 8,144,182 B2)
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`Petitioner 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 IPR2014-01457, Papers 41, 42;
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`IPR2014-01458, Papers 34, 35; IPR2014-01459, Papers 38, 39. The requests are
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`granted.
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`These proceedings will be heard on the afternoon of November 12, 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 90 minutes of total argument time. Each side will present arguments for
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`all three proceedings during the allotted time. Petitioner bears the ultimate burden
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`of proof that the claims at issue in this review are unpatentable. Therefore,
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`Petitioner will proceed first to present its case with regard to the challenged claims
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`on which basis we instituted trial. Thereafter, Patent Owner will respond to
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`Petitioner’s case and present any arguments in support of its motion to 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. The
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`parties have filed motions to seal certain information in the records of these
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`proceedings. IPR2014-01457, Papers 24, 31, 35, 49; IPR2014-01458, Papers 17,,
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`24, 28, 40; IPR2014-01459, Papers 26, 33. Presently, the information that those
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`motions seek to seal remains provisionally sealed, pending decisions on the
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`motions. See 37 C.F.R. § 42.14. In the hearing, the parties shall refrain from
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`referring to any information that remains sealed at the time of the hearing. If
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`necessary, the parties may refer the panel to such information during the hearing
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`by providing a citation to the record where that information can be located (e.g., by
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`exhibit and page number), but may not reveal the substance of the information.
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`2
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`

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`IPR2014-01457 (Patent 8,144,182 B2)
`IPR2014-01458 (Patent 8,144,182 B2)
`IPR2014-01459 (Patent 8,144,182 B2)
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`In-person attendance at the hearing will be accommodated on a first-come,
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`first-served basis. The Board will provide a court reporter for the hearings, and the
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`reporter’s transcripts 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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`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. At least one
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`member of the panel hearing this case will attend the hearing remotely, by video
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`and audio link. The parties are reminded that the presenter must identify clearly
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`and specifically each demonstrative exhibit (e.g., by slide or screen number)
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`referenced during the hearings to ensure the clarity and accuracy of the reporter’s
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`transcripts, and to ensure that a remote judge can follow the argument.
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`3
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`

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`IPR2014-01457 (Patent 8,144,182 B2)
`IPR2014-01458 (Patent 8,144,182 B2)
`IPR2014-01459 (Patent 8,144,182 B2)
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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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`4
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`

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`IPR2014-01457 (Patent 8,144,182 B2)
`IPR2014-01458 (Patent 8,144,182 B2)
`IPR2014-01459 (Patent 8,144,182 B2)
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`PETITIONER:
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`Joseph Micallef
`jmicallef@sidley.com
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`Jeffrey Kushan
`jkushan@sidley.com
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`Douglas Lewis
`dilewis@sidley.com
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`PATENT OWNER:
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`Amanda Hollis
`biscotti-kirkland_team@kirkland.com
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`5