`571-272-7822
`
`Date: May 24, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MAXLINEAR, INC.,
` Petitioner,
`
`v.
`
`CRESTA TECHNOLOGY CORPORATION,
`Patent Owner.
`___________
`Cases1
`IPR2015-00592 (Patent 7,075,585 B2)
`IPR2015-00594 (Patent 7,265,792 B2)
`____________
`
`Before PHILLIP J. KAUFFMAN, GREGG I. ANDERSON, and
`PATRICK M. BOUCHER Administrative Patent Judges.
`
`KAUFFMAN, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`1 This order applies to both cases. The parties are not authorized to use this
`style heading in subsequent papers.
`
`
`
`IPR2015-00592 (Patent 7,075,585 B2)
`IPR2015-00594 (Patent 7,265,792 B2)
`
`
`
`
`
`
`The parties have requested oral argument in each case. The argument
`for both cases will be on Friday, June 3, 2016, at 1:00 PM ET, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`See IPR2015-00592, Papers 34, 35, 37.2
`Each side will have sixty (60) minutes of total argument time for each
`case. 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. A
`single transcript will be produced for entry in both cases. 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 Board asks that the parties attempt, in good faith, to resolve
`objections to the demonstratives. See CBS Interactive Inc. v. Helferich
`Patent Licensing, LLC, IPR2013- 00033 (PTAB Oct. 23, 2013) (Paper 118)
`(regarding the proper content of demonstrative exhibits); see also 37 C.F.R.
`§ 42.11 (duty of good faith). If, after such attempt, objections cannot be
`
`
`2 IPR2015-00594 contains similar papers.
`2
`
`
`
`
`
`
`IPR2015-00592 (Patent 7,075,585 B2)
`IPR2015-00594 (Patent 7,265,792 B2)
`
`
`resolved, the parties must request a conference call with the Board no later
`than May 30, 2016.
`The demonstrative exhibits must be served no later than May 27,
`2016, and must be filed in accordance with 37 C.F.R. § 42.70(b).
`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.
`The parties have indicated that they will request the use of audiovisual
`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 the day of the hearing.
`
`
`
`3
`
`
`
`
`
`
`IPR2015-00592 (Patent 7,075,585 B2)
`IPR2015-00594 (Patent 7,265,792 B2)
`
`
`PETITIONER:
`
`Thomas Wimbiscus
`Christopher Winslade
`Gregory Schodde
`Scott McBride
`Ronald Spuhler
`Wayne Bradley
`McANDREWS HELD MALLOY, LTD.
`twimbiscus@mcandrews-ip.com
`biscus@mcandrews-ip.com
`cwinslade@mcandrews-ip.com
`gschodde@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`rspuhler@mcandrews-ip.com
`wbradley@mcandrews-ip.com
`
`
`
`PATENT OWNER:
`
`Michael Fleming
`Benjamin Haber
`IRELL & MANELLA LLP
`mfleming@irell.com
`bhaber@irell.com
`
`Mihai Murgulescu
`mihaihm2000@gmail.com
`
`
`
`4
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