throbber
Trials@uspto.gov
`571.272.7822
`
`
`
`
`
`
` Paper No. 67
`
` Entered: June 2, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`THE MANGROVE PARTNERS MASTER FUND, LTD., APPLE INC.,
`and BLACK SWAMP IP, LLC,
`Petitioner,
`
`v.
`
`VIRNETX INC.,
`Patent Owner.
`____________
`
`Case IPR2015-01046 (Patent 6,502,135 B1)1
`Case IPR2015-01047 (Patent 7,490,151 B1)2
`____________
`
`
`
`Before MICHAEL P. TIERNEY, KARL D. EASTHOM, and
`STEPHEN C. SIU, Administrative Patent Judges.
`
`SIU, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 Apple Inc., who filed a petition in IPR2016-00062, has been joined as a
`Petitioner in the instant proceeding.
`2 Apple Inc. and Black Swamp IP, LLC, who filed petitions in IPR2016-
`00063 and IPR2016-00167, respectively, have been joined as Petitioners in
`the instant proceeding.
`
`
`
`

`
`Case IPR2015-01046 (Patent 6,502,135 B1)
`Case IPR2015-01047 (Patent 7,490,151 B1)
`
`
`As set forth in the Scheduling Order (Paper 12), oral argument, if
`requested, is scheduled for June 30, 2016, in connection with these
`proceedings. Both parties have requested oral argument. IPR2015-001046,
`Papers 57, 58; IPR2015-001047, Papers 63, 65. The requests are granted.
`There is substantial overlap in the issues raised in the two cases.
`Accordingly, each party will have sixty (60) minutes total time to present
`arguments. The Petitioner in each matter includes multiple business
`entities.3 The multiple business entities in each matter will determine the
`attorney(s), arguments, and allocation of arguments to present at the oral
`hearing in a consolidated argument subject to the sixty minute time limit as
`specified above.
`Petitioner will proceed first to present its case with respect to the
`challenged claims and grounds for which the Board instituted trial in
`IPR2016-01046 and -01047. Thereafter, Patent Owner will respond to
`Petitioner’s presentation. Both parties may reserve some of their argument
`time for rebuttal, and Patent Owner will be afforded an opportunity to
`provide a closing statement along with any rebuttal.
`Oral argument will commence at 10:00 AM ET on June 30, 2016.
`The hearing will be conducted on the ninth floor of Madison Building East,
`600 Dulany Street, Alexandria, Virginia 22314. The hearing will be open to
`the public for in-person attendance, which will be accommodated on a first-
`come-first-serve basis. The Board will provide a court reporter for the
`
`
`3 The Petitioner in IPR2016-001046 includes The Mangrove Partners
`Masters Fund, Ltd. and Apple, Inc. The Petitioner in IPR2016-001047
`includes The Mangrove Partners Masters Fund, Ltd., Apple, Inc., and Black
`Swamp IP, LLC.
`
`2
`
`

`
`Case IPR2015-01046 (Patent 6,502,135 B1)
`Case IPR2015-01047 (Patent 7,490,151 B1)
`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
`seven business days prior to the hearing. The parties are further directed to
`request a conference call with the Board no later than three business days
`prior to the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits, and to file demonstrative exhibits no later than the
`date of the hearing. 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 presented
`timely will be considered waived. The parties may refer to CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23,
`2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc. v. The Board
`of Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65), regarding the appropriate content of demonstrative
`exhibits.
`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 5 days in advance of the hearing date. The
`request is to be sent 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 Board expects lead counsel for each party to be present in person
`at the oral hearing. Lead or backup counsel, however, may present the
`
`3
`
`

`
`Case IPR2015-01046 (Patent 6,502,135 B1)
`Case IPR2015-01047 (Patent 7,490,151 B1)
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should request a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`It is
`ORDERED that oral argument will commence at 10:00 AM ET on
`June 30, 2016.
`
`
`
`
`
`
`
`4
`
`

`
`Case IPR2015-01046 (Patent 6,502,135 B1)
`Case IPR2015-01047 (Patent 7,490,151 B1)
`PETITIONER:
`
`Abraham Kasdan
`WIGGIN AND DANA LLP
`akasdan@wiggin.com
`
`James T. Bailey
`jtb@jtbaileylaw.com
`
`Jeffrey P. Kushan
`Thomas A. Broughan, III
`Scott M. Border
`SIDLEY AUSTIN LLP
`IPRNotices@sidley.com
`tbroughan@sidley.com
`sborder@sidley.com
`
`Thomas H. Martin
`Wesley C. Meinerding
`MARTIN & FERRARO, LLP
`tmartin@martinferraro.com
`docketing@martinferraro.com
`
`
`PATENT OWNER:
`
`Joseph E. Palys
`Naveen Modi
`PAUL HASTINGS LLP
`josephpalys@paulhastings.com
`naveenmodi@paulhastings.com
`
`
`
`5

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