Trials@uspto.gov
`571.272.7822
`
`
`Paper No. 29
`Filed: February 9, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`E*TRADE FINANCIAL CORPORATION,
`E*TRADE SECURITIES, LLC, E*TRADE BANK,
`SCOTTRADE, INC., SCOTTRADE FINANCIAL SERVICES, INC.,
`TD AMERITRADE HOLDING CORPORATION, and
`TD AMERITRADE, INC.,
`Petitioner,
`
`v.
`DROPLETS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00470
`Patent 8,402,115 B2
`_______________
`
`
`
`Before LINDA M. GAUDETTE, MICHAEL R. ZECHER, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`GAUDETTE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`571.272.7822
`
`
`Paper No. 29
`Filed: February 9, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`E*TRADE FINANCIAL CORPORATION,
`E*TRADE SECURITIES, LLC, E*TRADE BANK,
`SCOTTRADE, INC., SCOTTRADE FINANCIAL SERVICES, INC.,
`TD AMERITRADE HOLDING CORPORATION, and
`TD AMERITRADE, INC.,
`Petitioner,
`
`v.
`DROPLETS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2015-00470
`Patent 8,402,115 B2
`_______________
`
`
`
`Before LINDA M. GAUDETTE, MICHAEL R. ZECHER, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`GAUDETTE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2015-00470
`Patent 8,402,115 B2
`
`
`
`Patent Owner and Petitioner filed requests for oral argument. Papers
`27 and 28, respectively.
`Oral argument will commence at 9:00 am Eastern Time on March 15,
`2016, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. Petitioner has requested “no more than one hour per
`side of oral argument.” Paper 28, 1. Patent Owner did not request a specific
`time period for oral argument. See Paper 27. Accordingly, each party is
`allotted one hour of total argument time. Petitioner will open the hearing by
`presenting its arguments regarding the challenged claims for which the
`Board instituted trial. Patent Owner will then respond to Petitioner’s
`arguments. Petitioner may reserve time for rebuttal arguments. Patent
`Owner may not reserve rebuttal time. Petitioner bears the ultimate burden of
`proof that Patent Owner’s patented claims are unpatentable. 35 U.S.C.
`§ 316(e).
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing. The
`hearing will be open to the public via in-person attendance on a first-come,
`first-served basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days before the hearing and filed no later than the time of
`the hearing. The Board requests that such exhibits be filed at least five
`business days before the hearing to facilitate the panel’s preparation. 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
`
`
`
`2
`
`
`
`IPR2015-00470
`Patent 8,402,115 B2
`
`
`
`(PTAB Jan. 27, 2014), for guidance regarding the appropriate content of
`demonstrative exhibits.
`The parties must file any objections to the demonstratives with the
`Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not presented timely will be considered
`waived. The objections should identify with particularity which
`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 until after the oral argument. The Board
`asks the parties to confine demonstrative exhibit objections to those
`identifying egregious violations that are prejudicial to the administration of
`justice.
`Two members of the panel hearing this case will attend the hearing
`remotely, by video and audio link. The parties are reminded that, during the
`hearing, the presenter must identify clearly and specifically each
`demonstrative exhibit referenced (e.g., by slide or screen number) to ensure
`the clarity and accuracy of the reporter’s transcript, and to ensure that the
`remote judges can follow the argument even if the video connection is
`disrupted. The parties are requested to speak directly into the microphone,
`including during initial introduction of counsel.
`The Board expects lead counsel for each party to be present in person
`at the hearing. If a party anticipates that its lead counsel will not be
`attending the oral argument, the parties should initiate a joint telephone
`
`
`
`3
`
`
`
`IPR2015-00470
`Patent 8,402,115 B2
`
`
`
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter. Any counsel of record, however, may present
`the party’s argument. A party’s argument may be divided, but interruptions
`for change of counsel should be kept to a minimum.
`Patent Owner has requested that the Board provide audio-visual
`equipment for the presentation and display of demonstrative exhibits. Paper
`27, 1. Requests for special equipment will not be honored unless presented
`in a separate communication directed to Trials@uspto.gov not less than five
`days before the hearing. If the request is not received timely, the equipment
`may not be available on the day of the hearing.
`Accordingly, it is
`ORDERED that oral argument for this proceeding shall take place
`beginning at 9:00 am Eastern Time on March 15, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`4
`
`
`
`
`
`
`
`IPR2015-00470
`Patent 8,402,115 B2
`
`
`
`PETITIONER:
`
`Michael T. Rosato
`Wilson Sonsini Goodrich & Rosati
`mrosato@wsgr.com
`
`Matthew A. Argenti
`Wilson Sonsini Goodrich & Rosati
`brange@wsgr.com
`
`
`
`
`PATENT OWNER:
`
`Timothy J. Bechen
`Bechen, PLLC
`tim@bechenlaw.com
`
`Charles Allen
`Goodman, Allan & Filetti
`callen@goodmanallen.com
`
`Matthew Osenga
`Goodman, Allan & Filetti
`mosenga@goodmanallen.com
`
`
`
`
`5
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
