Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
` Paper 19
`Entered: December 22, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`IRON DOME LLC, HULU, LLC, NETFLIX, INC., SPOTIFY USA INC.,
`DISH NETWORK CORPORATION, DISH DBS CORPORATION,
`DISH NETWORK L.L.C., ECHOSTAR CORPORATION, and
`ECHOSTAR TECHNOLOGIES L.L.C.,
`Petitioners,
`
`v.
`
`CRFD RESEARCH, INC.,
`Patent Owner.
`____________
`
`Cases IPR2015-00055, IPR2015-00259, and IPR2015-006271
`Patent 7,191,233 B2
`____________
`
`Before JUSTIN T. ARBES, THOMAS L. GIANNETTI, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 This Order addresses issues pertaining to all three cases. Therefore, we
`exercise our discretion to issue a single Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`
`Tel: 571-272-7822
`
`
`
` Paper 19
`Entered: December 22, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`IRON DOME LLC, HULU, LLC, NETFLIX, INC., SPOTIFY USA INC.,
`DISH NETWORK CORPORATION, DISH DBS CORPORATION,
`DISH NETWORK L.L.C., ECHOSTAR CORPORATION, and
`ECHOSTAR TECHNOLOGIES L.L.C.,
`Petitioners,
`
`v.
`
`CRFD RESEARCH, INC.,
`Patent Owner.
`____________
`
`Cases IPR2015-00055, IPR2015-00259, and IPR2015-006271
`Patent 7,191,233 B2
`____________
`
`Before JUSTIN T. ARBES, THOMAS L. GIANNETTI, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`1 This Order addresses issues pertaining to all three cases. Therefore, we
`exercise our discretion to issue a single Order to be filed in each case. The
`parties are not authorized to use this style heading for any subsequent
`papers.
`
`
`
`
`
`IPR2015-00055, IPR2015-00259, IPR2015-00627
`Patent 7,191,233 B2
`
`
`The three instant proceedings pertain to the same challenged patent.
`
`In each proceeding, Petitioner and Patent Owner requested a hearing
`
`pursuant to 37 C.F.R. § 42.70(a). See IPR2015-00055, Papers 18, 19;
`
`IPR2015-00259, Papers 19, 20; IPR2015-00627, Papers 17, 18. The
`
`requests are granted.
`
`In each proceeding, the respective Petitioner and Patent Owner will
`
`have forty (40) minutes to present arguments. Petitioner in each proceeding
`
`bears the ultimate burden of proof that the challenged claims are
`
`unpatentable. Therefore, for each proceeding, Petitioner will proceed first to
`
`present its case as to the challenged claims, and may reserve rebuttal time.
`
`Patent Owner then will respond to Petitioner’s case. After that, Petitioner
`
`may use the rest of its time to respond to Patent Owner’s presentation.
`
`The hearings for the three proceedings will take place on January 19,
`
`2016, at the following times:2
`
`Case
`
`Time
`
`IPR2015-00055 11:00 AM Eastern Time
`
`IPR2015-00259 1:30 PM Eastern Time
`
`IPR2015-00627
`
`Immediately following the
`hearing for Case IPR2015-00259
`
`The hearings will be open to the public for in-person attendance on the ninth
`
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`In-person attendance will be accommodated on a first come, first served
`
`basis. The Board will provide a court reporter for the hearings, and the
`
`reporter’s transcripts will constitute the official record of the hearings.
`
`
`2 If the parties believe that a different sequence would be more efficient, the
`parties may request a conference call.
`
`
`
`2
`
`
`
`IPR2015-00055, IPR2015-00259, IPR2015-00627
`Patent 7,191,233 B2
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five business days prior to the hearings. The parties in each proceeding shall
`
`confer with each other regarding any objections to demonstrative exhibits,
`
`and file demonstrative exhibits with the Board at least two business days
`
`prior to the hearing. For any issue that cannot be resolved after conferring
`
`with the opposing party, the parties may file jointly a one-page list of
`
`objections at least two business days prior to the hearing. The list should
`
`identify with particularity which demonstrative exhibits are subject to
`
`objection and include a short statement (no more than one sentence) of the
`
`reason for each objection. No argument or further explanation is permitted.
`
`We will consider the objections and schedule a conference call if necessary.
`
`Otherwise, we will reserve ruling on the objections until the hearing or after
`
`the hearing. Any objection to demonstrative exhibits that is not presented
`
`timely will be considered waived. Each party also shall provide a hard copy
`
`of its demonstrative exhibits to the court reporter at the hearing.
`
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`
`Licensing, LLC, Case 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 hearings to ensure the clarity and accuracy of the
`
`reporter’s transcripts. The parties also should note that one member of the
`
`panel will be attending the hearings electronically from a remote location
`
`and that if a demonstrative exhibit is not filed or otherwise made fully
`
`available or visible to the judge presiding over the hearing remotely, that
`
`demonstrative exhibit will not be considered.
`
`
`
`3
`
`
`
`IPR2015-00055, IPR2015-00259, IPR2015-00627
`Patent 7,191,233 B2
`
`
`For each proceeding, the Board expects lead counsel for Petitioner
`
`and Patent Owner to be present at the hearing, although any back-up counsel
`
`may make the actual presentation, in whole or in part. If lead counsel for
`
`any party will not be in attendance at the hearings, the Board should be
`
`notified via a joint conference call no later than two days prior to the
`
`hearings to discuss the matter.
`
`Requests for audio-visual equipment at the hearings are to be made
`
`five days in advance of the hearing date. The requests must be sent to
`
`Trials@uspto.gov. If the requests are not received timely, equipment may
`
`not be available on the days of the hearings. Further, if the parties have
`
`questions as to whether demonstrative exhibits would be sufficiently visible
`
`and available to all of the judges, the parties are invited to contact the Board
`
`at 571-272-9797.
`
`
`
`
`
`4
`
`
`
`IPR2015-00055, IPR2015-00259, IPR2015-00627
`Patent 7,191,233 B2
`
`PETITIONER (CASE IPR2015-00055):
`
`Steven S. Yu
`IRON DOME LLC
`syu@irondome.com
`
`Holly Y. Li
`IP ADVANTAGES
`hyingli@ipadvantages.com
`
`PETITIONER (CASE IPR2015-00259):
`
`Francis E. Morris
`David G. Lindenbaum
`KELLEY DRYE & WARREN LLP
`fmorris@wardzinna.com
`dlindenbaum@wardzinna.com
`
`PETITIONER (CASE IPR2015-00627):
`
`Eliot D. Williams
`G. Hopkins Guy, III
`BAKER BOTTS L.L.P.
`eliot.williams@bakerbotts.com
`hop.guy@bakerbotts.com
`
`PATENT OWNER:
`
`Tarek N. Fahmi
`Holly J. Atkinson
`ASCENDA LAW GROUP, PC
`tarek.fahmi@ascendalaw.com
`holly.atkinson@ascendalaw.com
`
`5
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