Trials@uspto.gov
`571-272-7822
`
`Paper 29
`Entered: April 28, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`FUJITSU NETWORK COMMUNICATIONS, INC.,
`CORIANT OPERATIONS, INC., CORIANT (USA) INC., CIENA
`CORPORATION
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.,
`Patent Owner.
`____________
`
`Cases IPR2015-007261 and IPR2015-007272
`Patents RE42,368 E and RE42,678 E3
`____________
`
`
`Before JOSIAH C. COCKS, KALYAN K. DESHPANDE, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 Case IPR2015-01958 has been joined with this proceeding.
`2 Case IPR2015-01961 has been joined with this proceeding.
`3 This order addresses issues that are the same in the identified cases. The
`parties are authorized to use this heading when filing a single paper in each
`proceeding, provided that such heading includes a footnote attesting that
`“the word-for-word identical paper is filed in each proceeding identified in
`the heading.”
`
`
`571-272-7822
`
`Paper 29
`Entered: April 28, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`FUJITSU NETWORK COMMUNICATIONS, INC.,
`CORIANT OPERATIONS, INC., CORIANT (USA) INC., CIENA
`CORPORATION
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.,
`Patent Owner.
`____________
`
`Cases IPR2015-007261 and IPR2015-007272
`Patents RE42,368 E and RE42,678 E3
`____________
`
`
`Before JOSIAH C. COCKS, KALYAN K. DESHPANDE, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`TARTAL, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 Case IPR2015-01958 has been joined with this proceeding.
`2 Case IPR2015-01961 has been joined with this proceeding.
`3 This order addresses issues that are the same in the identified cases. The
`parties are authorized to use this heading when filing a single paper in each
`proceeding, provided that such heading includes a footnote attesting that
`“the word-for-word identical paper is filed in each proceeding identified in
`the heading.”
`
`
`
`IPR2015-00726 and IPR2015-00727
`Patents RE42,368 E and RE42,678E
`
`
`The date set for oral hearing in these proceedings is May 24, 2016, if
`hearing is requested by either party and granted by the Board. IPR2015-
`00726, Paper 12; IPR2015-00727, Paper 9. Patent Owner requests oral
`hearing and Petitioner does not. IPR2015-00726, Papers 29, 30; IPR2015-
`00727, Papers 27, 28. Patent Owner’s request for oral hearing is granted.
`Each side will have forty (40) minutes, total, to present its argument in
`both cases. Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in these reviews are unpatentable and shall open the hearing.
`In light of the similarity in issues and evidence presented in both cases, the
`hearing shall proceed as follows. Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which the Board
`instituted trial in both IPR2015-00726 and IPR2015-00727. After
`Petitioner’s presentation, Patent Owner will respond to Petitioner’s argument
`with respect to both IPR2015-00726 and IPR2015-00727. Petitioner may
`reserve rebuttal time to respond to arguments presented by Patent Owner.
`The hearing will commence at 1:00 PM on May 24, 2016, on the ninth
`floor of the Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`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 for in-person attendance that will be accommodated on
`a first-come, first-served basis. If the parties have any concern about
`disclosing confidential information, they are requested to contact the Board
`at least 10 days in advance of the hearing to discuss the matter.
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`
`2
`
`
`
`IPR2015-00726 and IPR2015-00727
`Patents RE42,368 E and RE42,678E
`
`The Board will not consider any deposition testimony that has not been so
`filed.
`
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`be served at least five business days before the hearing date and filed no
`later than the time of the oral argument. The parties also shall provide a
`courtesy copy of any demonstrative exhibits to the Board at least five
`business days prior to the hearing by emailing them to Trials@uspto.gov.
`The parties must file any objections to the demonstrative exhibits with
`the Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstrative exhibits 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 parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`2015) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party expects that its lead counsel will not be attending
`the oral argument, the parties should initiate a joint telephone conference
`
`3
`
`
`
`IPR2015-00726 and IPR2015-00727
`Patents RE42,368 E and RE42,678E
`
`with the Board no later than two business days prior to the oral hearing to
`discuss the matter.
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five days before
`the hearing directed to the above email address.
`ORDER
`Oral argument in IPR2015-00726 and IPR2015-00727 will commence
`at 1:00 PM on May 24, 2016, on the ninth floor of the Madison Building
`East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`
`
`4
`
`
`
`IPR2015-00726 and IPR2015-00727
`Patents RE42,368 E and RE42,678E
`
`For PETITIONER:
`
`Christopher E. Chalsen
`Lawrence T. Kass
`Nathaniel T. Browand
`Suraj K. Balusa
`MILBANK, TWEED, HADLEY & MCCLOY LLP
`cchalsen@milbank.com
`lkass@milbank.com
`nbrowand@milbank.com
`sbalusu@milbank.com
`
`Matthew J. Moore
`Robert Steinberg
`LATHAM & WATKINS LLP
`matthew.moore@lw.com
`bob.steinberg@lw.com
`
`J. Pieter van Es
`Thomas K. Pratt
`Jordan N. Bodner
`Michael S. Cuviello
`BANNER & WITCOFF, LTD.
`PvanEs@bannerwitcoff.com
`TPratt@bannerwitcoff.com
`JBodner@bannerwitcoff.com
`MCuviello@bannerwitcoff.com
`
`
`For PATENT OWNER:
`
`Jason D. Eisenberg
`Robert Greene Sterne
`Jon E. Wright
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jasone-PTAB@skgf.com
`rsterne-PTAB@skgf.com
`jwright-PTAB@skgf.com
`
`5
`
`
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