Trials@uspto.gov
`571-272-7822
`
` Paper No. 37
`January 14, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HUGHES NETWORK SYSTEMS, LLC and
`HUGHES COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`____________
`
`Case IPR2015-00059
`Patent 7,916,781
`____________
`
`
`
`Before KALYAN K. DESHPANDE, GLENN J. PERRY, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`PERRY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings – Oral Argument
`37 C.F.R. §§ 42.5, 42.70
`
`
`571-272-7822
`
` Paper No. 37
`January 14, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`HUGHES NETWORK SYSTEMS, LLC and
`HUGHES COMMUNICATIONS, INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`____________
`
`Case IPR2015-00059
`Patent 7,916,781
`____________
`
`
`
`Before KALYAN K. DESHPANDE, GLENN J. PERRY, and
`TREVOR M. JEFFERSON, Administrative Patent Judges.
`
`PERRY, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceedings – Oral Argument
`37 C.F.R. §§ 42.5, 42.70
`
`
`
`Case IPR2015-00059
`Patent 7,916,781
`
`
`The parties requested oral argument pursuant to 37 C.F.R. § 42.70.
`
`Papers 31 and 33. The requests are granted.
`
`Date and Time
`
`Oral argument for these proceedings will be conducted on January 26,
`
`2016. Each party will have 60 minutes of total argument time. Petitioner
`
`bears the ultimate burden of proof that the claims at issue in this review are
`
`unpatentable. Therefore, Petitioner will proceed first to present its case with
`
`regard to the challenged claims on which basis we instituted trial. Petitioner
`
`may reserve time for rebuttal. Thereafter, Patent Owner will respond to
`
`Petitioner’s case. After that, Petitioner may make use of the rest of its time
`
`responding to Patent Owner. Outstanding Motions may be argued during
`
`moving party’s allotted time.
`
`Open to Public
`
`There is a public policy interest in making all information presented in
`
`these proceedings public, as the review determines the patentability of
`
`claims in an issued patent and thus affects the rights of the public. This
`
`policy is reflected in part, for example, in 35 U.S.C. § 316(a)(1) and 35
`
`U.S.C. § 326(a)(1), which provide that the file of any inter partes review or
`
`post grant review be made available to the public, except that any petition or
`
`document filed with the intent that it be sealed shall, if accompanied by a
`
`motion to seal, be treated as sealed pending the outcome of the ruling on the
`
`motion. Accordingly, we exercise our discretion to make the oral hearing
`
`publically available via in-person attendance.
`
`Oral argument will commence at 10:00 AM Eastern Time, on January
`
`26, 2016, on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia, and it will be open to the public for in-person
`
`
`
`2
`
`
`
`Case IPR2015-00059
`Patent 7,916,781
`
`attendance. In person attendance will be accommodated on a first come first
`
`serve basis.
`
`Reporter
`
`The Board will provide a court reporter for the hearing, and the
`
`reporter’s transcript will constitute the official record of the hearing.
`
`Demonstratives
`
`Demonstratives are aids in support of oral argument and are not
`
`evidence in the review. They will not become part of the official record of
`
`this review other than as mentioned in the transcript of oral argument. If
`
`demonstratives are to be used during oral argument, they must be served five
`
`(5) business days before the hearing in accordance with 37 C.F.R.
`
`§ 42.70(b). Copies should also be sent by email (not filed via PRPS) to the
`
`Board. Hard copies of the demonstratives should be provided to the panel
`
`and to the court reporter at the hearing. The parties are directed to CBS
`
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, slip op.
`
`at 2–5 (PTAB Oct. 23, 2013) (Paper 118), regarding the appropriate content
`
`of demonstrative exhibits. 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.
`
`Any issue regarding demonstrative exhibits should be resolved at least
`
`two business days prior to the hearing by way of a joint telephone
`
`conference call to the Board. The parties are responsible for requesting such
`
`a conference sufficiently in advance of the hearing to accommodate this
`
`requirement. Any objection to demonstrative exhibits that is not timely
`
`presented will be considered waived.
`
`
`
`3
`
`
`
`Case IPR2015-00059
`Patent 7,916,781
`
`Audio Visual Equipment
`
`Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797. Requests for audio-visual
`
`equipment are to be made 5 days in advance of the hearing date. The
`
`request is to be sent directly to Trials@uspto.gov. If the request is not
`
`received timely, the equipment may not be available on the day of the
`
`hearing.
`
`Counsel Presence
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. However, lead or backup counsel may present the
`
`party’s argument. If either party anticipates that its lead counsel will not be
`
`attending the oral hearing, the parties should initiate a joint telephone
`
`conference with the Board no later than two business days prior to the oral
`
`hearing to discuss the matter.
`
`
`
`
`
`
`
`4
`
`
`
`Case IPR2015-00059
`Patent 7,916,781
`
`
`PETITIONER:
`
`Eliot D. Williams
`G. Hopkins Guy
`Baker Botts, LLP
`eliot.williams@bakerbotts.com
`hop.guy@bakerbotts.com
`
`
`PATENT OWNER:
`
`Michael T. Rosato
`Matthew A. Argenti
`Wilson Sonsini Goodrich & Rosati
`mrosato@wsgr.com
`margenti@wsgr.com
`
`
`
`5
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