Paper 38
`Date: March 8, 2016
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`AT HOME BONDHOLDERS’ LIQUIDATING TRUST,
`Patent Owner.
`
`____________
`
`Case IPR2015-00657 (Patent 6,286,045 B1)1
`Case IPR2015-00662 (Patent 6,014,698)2
`
`____________
`
`
`Before KARL D. EASTHOM, JUSTIN T. ARBES, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 Case IPR2015-00660 (Patent 6,286,045 B1) consolidated therewith.
`2 Case IPR2015-00666 (Patent 6,014,698) consolidated therewith.
`
`
`Date: March 8, 2016
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`AT HOME BONDHOLDERS’ LIQUIDATING TRUST,
`Patent Owner.
`
`____________
`
`Case IPR2015-00657 (Patent 6,286,045 B1)1
`Case IPR2015-00662 (Patent 6,014,698)2
`
`____________
`
`
`Before KARL D. EASTHOM, JUSTIN T. ARBES, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 Case IPR2015-00660 (Patent 6,286,045 B1) consolidated therewith.
`2 Case IPR2015-00666 (Patent 6,014,698) consolidated therewith.
`
`
`
`IPR2015-00657 (Patent 6,286,045 B1)
`IPR2015-00662 (Patent 6,014,698)
`
`
`
`
`
`
`The parties have requested an oral hearing in each of these proceedings
`pursuant to 37 C.F.R. § 42.70. See, IPR2015-00657, Papers 38, 39; IPR2015-
`00662, Papers 36, 37. We grant the parties’ request.
`Each party will have one hour of total argument time. Petitioner bears the
`ultimate burden of proof that the claims at issue in these reviews are unpatentable.
`Therefore, Petitioner will proceed first to present its case with regard to the
`challenged claims on which basis we instituted trial. Thereafter, Patent Owner will
`respond to Petitioner’s case. After that, Petitioner will make use of the rest of its
`time responding to Patent Owner. There are no motions to amend or other motions
`to be addressed at the hearing, and no rebuttal time will be allotted to Patent
`Owner.
`The hearing will commence at 1 PM Eastern Time on April 7, 2016 at the
`Texas Regional Office in Room 155, first floor of 207 S. Houston Street, Dallas
`Texas 75202.3 The hearing will be open to the public for in-person attendance,
`which will be accommodated on a first come first serve basis. To facilitate the use
`of the regional-office hearing room, each party is asked to email the Board
`(Trials@uspto.gov), five business days prior to the hearing, indicating the number
`of attendees for its side (attorneys and others). If the parties have concerns about
`disclosing confidential information, they are requested to contact the Board at least
`ten business days in advance of the hearing to discuss the matter.
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing. Under 37 C.F.R.
`§ 42.70(b), demonstrative exhibits must be served five business days before the
`
`
`3 Information concerning the Texas Regional Office can be found in the USPTO
`website at http://www.uspto.gov/about-us/uspto-locations/dallas-texas.
`2
`
`
`
`
`
`
`IPR2015-00657 (Patent 6,286,045 B1)
`IPR2015-00662 (Patent 6,014,698)
`
`
`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`appropriate content of demonstrative exhibits.
`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.
`Demonstratives should be emailed to the Board no later than two days before the
`hearing. A hard copy of the demonstratives should be provided to the court
`reporter at the hearing.
`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 five business 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. 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. The parties
`also should note that at least one member of the panel will be attending the hearing
`electronically from a remote location and will not be able to view the projection
`screen in the hearing room.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, lead or backup counsel of the presenting party may put
`forward 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
`
`3
`
`
`
`
`IPR2015-00657 (Patent 6,286,045 B1)
`IPR2015-00662 (Patent 6,014,698)
`
`
`conference with the Board no later than two business days prior to the oral hearing
`to discuss the matter.
`
`
`
`
`
`
`
`
`4
`
`
`
`
`IPR2015-00657 (Patent 6,286,045 B1)
`IPR2015-00662 (Patent 6,014,698)
`
`
`
`
`
`
`
`PETITIONER:
`
`Michelle K. Holoubek
`Michael V. Messinger
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`mholoubek-PTAB@skgf.com
`mikem-PTAB@skgf.com
`
`
`
`PATENT OWNER:
`
`Garland Stephens
`Justin Constant
`WEIL, GOTSHAL & MANGES LLP
`garland.stephens@weil.com
`justin.constant@weil.com
`
`5
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