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Paper 23
`Trials@uspto.gov
`571-272-7822 Entered: February 8, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE, INC.,
`Petitioner,
`
`v.
`
`NETWORK-1 TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00343 (Patent 8,640,179 B1)
`Case IPR2015-00345 (Patent 8,205,237 B2)
`Case IPR2015-00347 (Patent 8,010,988 B2)
`Case IPR2015-00348 (Patent 8,656,441 B1)1
`____________
`
`
`Before KEVIN F. TURNER, LYNNE E. PETTIGREW, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 We use this caption in this paper to indicate that this Order applies to, and
`is entered in, all four cases. The parties are not authorized to use this
`caption.
`
`

`
`Case IPR2015-00343 (Patent 8,640,179 B1)
`Case IPR2015-00345 (Patent 8,205,237 B2)
`Case IPR2015-00347 (Patent 8,010,988 B2)
`Case IPR2015-00348 (Patent 8,656,441 B1)
`
`Petitioner, Google, Inc., and Patent Owner, Network-1 Technologies,
`Inc., each request a consolidated oral hearing for these four proceedings
`pursuant to 37 C.F.R. § 42.70. See Papers 21, 22 (in each proceeding). The
`requests are granted. The consolidated hearing will commence at 2:00 PM
`Eastern Time on Wednesday, March 9, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, VA.
`Each party will have a total of sixty (60) minutes to present arguments
`for the four cases, which involve similar issues. Petitioner bears the ultimate
`burden of persuasion that the claims at issue are unpatentable. Therefore,
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims for which the Board instituted trial in all four cases.
`Patent Owner then will have the opportunity to respond to Petitioner’s
`arguments. Finally, Petitioner may use any time it has reserved for rebuttal
`to respond to arguments presented by Patent Owner. Patent Owner may not
`reserve rebuttal time.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. The hearing will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis.
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must
`be served on opposing counsel at least five business days before the hearing
`and filed with the Board no later than three business days before the hearing.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, IPR2013-00041, Paper 65
`(PTAB Jan. 27, 2014), regarding the appropriate content of demonstrative
`
`2
`
`

`
`Case IPR2015-00343 (Patent 8,640,179 B1)
`Case IPR2015-00345 (Patent 8,205,237 B2)
`Case IPR2015-00347 (Patent 8,010,988 B2)
`Case IPR2015-00348 (Patent 8,656,441 B1)
`
`exhibits. A hard copy of the demonstratives should be provided to the court
`reporter at the hearing.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved, the parties must file any objections to the demonstratives
`with the Board at least three business days before the hearing. The
`objections should identify with particularity which portions of the
`demonstratives are subject to objection, and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections. Any objection to the demonstrative
`exhibits that is not timely presented will be considered waived.
`At least one member of the panel will be attending the hearing
`remotely, by video and audio link. The parties are reminded that, during the
`hearing, the presenter must identify clearly each demonstrative exhibit (e.g.,
`by referencing a specific slide or screen number) to ensure clarity and
`accuracy of the reporter’s transcript and to ensure that a remote judge can
`follow the argument, even if the video connection is disrupted.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made at least five days in advance of the hearing
`date. The request is to be sent to Trials@uspto.gov. If the request is not
`timely received, the equipment may not be available on the day of the
`hearing.
`
`3
`
`

`
`Case IPR2015-00343 (Patent 8,640,179 B1)
`Case IPR2015-00345 (Patent 8,205,237 B2)
`Case IPR2015-00347 (Patent 8,010,988 B2)
`Case IPR2015-00348 (Patent 8,656,441 B1)
`
`The Board expects lead counsel for each party to be present at the oral
`hearing, although any counsel of record may make the actual presentation.
`If either party anticipates that its lead counsel will not be in attendance at the
`oral hearing, the parties should initiate a joint telephone conference with the
`Board no later than five business days prior to the oral hearing to discuss the
`matter.
`
`
`
`
`
`4
`
`

`
`Case IPR2015-00343 (Patent 8,640,179 B1)
`Case IPR2015-00345 (Patent 8,205,237 B2)
`Case IPR2015-00347 (Patent 8,010,988 B2)
`Case IPR2015-00348 (Patent 8,656,441 B1)
`
`
`FOR PETITIONER:
`James J. Elacqua
`Douglas R. Nemec
`Skadden, Arps, Slate, Meagher & Flom LLP
`James.Elacqua@skadden.com
`Douglas.Nemec@skadden.com
`
`FOR PATENT OWNER:
`Charles R. Macedo
`Brian A. Comack
`Amster, Rothstein & Ebenstein LLP
`cmacedo@arelaw.com
`N1-Google-IPR@arelaw.com
`
`
`5

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