`571-272-7822
`
`Paper 33
`Entered: July 20, 2016
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION AND MICROSOFT MOBILE, INC.,
`Petitioner,
`
`v.
`
`GLOBAL TOUCH SOLUTIONS, LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01149
`Patent 7,329,970 B2
`____________
`
`
`
`Before JUSTIN BUSCH, LYNNE E. PETTIGREW, and BETH Z. SHAW,
`Administrative Patent Judges.
`
`BUSCH, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
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`Microsoft Corporation and Microsoft Mobile Inc. (collectively,
`
`“Petitioner”) and Global Touch Solutions, LLC (“Patent Owner”) each
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`request an oral hearing in this proceeding pursuant to 37 C.F.R. § 42.70.
`
`Papers 27, 28. We grant the requests. A hearing will commence at 1:00 PM
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`
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`IPR2015-01149
`Patent 7,329,970 B2
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`Eastern Time on Thursday, August 4, 2016, on the ninth floor of Madison
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`Building East, 600 Dulany Street, Alexandria, VA.
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`Oral hearing for this proceeding will be consolidated with the oral
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`hearing for related proceedings. Specifically, the consolidated oral hearing
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`shall include argument related to the following proceedings: IPR2015-
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`01147, IPR2015-01148, IPR2015-01149, IPR2015-01150, and IPR2015-
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`01151. Each party will have 90 minutes of argument time. Each party may
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`determine which of its respective counsel will present its arguments.
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`Petitioner bears the ultimate burden of persuasion that the claims at
`
`issue are unpatentable. Therefore, Petitioner will open the hearing by
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`presenting its case regarding the challenged claims for which the Board
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`instituted trial. Patent Owner then will have the opportunity to respond to
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`Petitioner’s arguments and argue its pending Motions to Exclude, if any.
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`Petitioner then may use any time it has reserved for rebuttal to respond to
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`arguments presented by Patent Owner. If Patent Owner argues Motions to
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`Exclude, Patent Owner may reserve rebuttal time, which shall be used only
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`to reply to Petitioner’s arguments responding to such motions.
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`The Board will provide a court reporter, and the transcript shall
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`constitute the official record of the hearing. The hearing will be open to the
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`public for in-person attendance that will be accommodated on a first-come,
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`first-served basis.
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`Pursuant to 37 C.F.R. § 42.70(b), the parties must serve demonstrative
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`exhibits, if any, on opposing counsel at least seven (7) business days before
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`the hearing. The parties are directed to St. Jude Medical, Cardiology
`
`Division, Inc. v. The Board of Regents of the University of Michigan,
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`IPR2013-00041, Paper 65 (PTAB Jan. 27, 2014), regarding the appropriate
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`2
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`IPR2015-01149
`Patent 7,329,970 B2
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`content of demonstrative exhibits. The Board expects the parties will meet
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`and confer in good faith to resolve any objections to demonstrative exhibits,
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`but if such objections cannot be resolved, the parties must file any objections
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`to the demonstratives with the Board at least three (3) business days before
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`the hearing. The objections shall identify with particularity which portions
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`of the demonstratives are subject to objection, and include a short (no more
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`than one sentence) statement of the reason for each objection. No argument
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`or further explanation is permitted. The Board will consider the objections
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`and schedule a conference if deemed necessary. Otherwise, the Board will
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`reserve ruling on the objections. Any objection to the demonstrative
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`exhibits that is not timely presented will be considered waived.
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`The parties must file any demonstrative exhibits with the Board no
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`later than three (3) business days before the hearing. The parties shall
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`provide a hard copy of the demonstratives to the court reporter at the
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`hearing. At least one member of the panel will be attending the hearing
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`remotely, by video and audio link.
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`The parties are reminded that, during the hearing, the presenter must
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`identify clearly each demonstrative exhibit (e.g., by referencing a specific
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`slide or screen number) to ensure clarity and accuracy of the reporter’s
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`transcript and to ensure that a remote judge can follow the argument, even if
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`the video connection is disrupted.
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`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. Requests for audio-visual
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`equipment must be made at least five (5) business days in advance of the
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`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
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`IPR2015-01149
`Patent 7,329,970 B2
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`not timely received, the equipment may not be available on the day of the
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`hearing.
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`The Board expects lead counsel for each party to be present at the oral
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`hearing, although any counsel of record may make the actual presentation.
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`If either party anticipates that its lead counsel will not be in attendance at the
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`oral hearing, at least one back-up counsel who is registered to practice
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`before the USPTO must be in attendance. Furthermore, such party shall
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`notify the Board that lead counsel will not be in attendance, and identify the
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`back-up counsel who is a registered practitioner and will be in attendance.
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`4
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`5
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`IPR2015-01149
`Patent 7,329,970 B2
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`FOR PETITIONER:
`
`Sarah Dukmen
`MSFT-GT@bakerlaw.com
`
`Daniel Goettle
`dgoettle@bakerlaw.com
`
`John Murphy
`johnmurphy@bakerlaw.com
`
`
`
`FOR PATENT OWNER:
`
`Peter Park
`pspark@sughrue.com
`
`Nathan Cristler
`ncristler@cristlerip.com
`
`Steven Kelber
`skelber@labgoldlaw.com
`
`William Mandir
`wmandir@sughrue.com