Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 37
`Entered: July 28, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`WORLDS INC.,
`Patent Owner.
`
`
`Case IPR2015-01264 (Patent 7,945,856 B2)
`Case IPR2015-01268 (Patent 7,181,690 B1)
`Case IPR2015-01269 (Patent 7,493,558 B2)
`Case IPR2015-01319 (Patent 8,082,501 B2)
`Case IPR2015-01321 (Patent 8,145,998 B2)
`Case IPR2015-01325 (Patent 8,145,998 B2)1
`
`
`Before KARL D. EASTHOM, KERRY BEGLEY, and JASON J. CHUNG,
`Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`Tel: 571-272-7822
`
`
`Paper 37
`Entered: July 28, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`WORLDS INC.,
`Patent Owner.
`
`
`Case IPR2015-01264 (Patent 7,945,856 B2)
`Case IPR2015-01268 (Patent 7,181,690 B1)
`Case IPR2015-01269 (Patent 7,493,558 B2)
`Case IPR2015-01319 (Patent 8,082,501 B2)
`Case IPR2015-01321 (Patent 8,145,998 B2)
`Case IPR2015-01325 (Patent 8,145,998 B2)1
`
`
`Before KARL D. EASTHOM, KERRY BEGLEY, and JASON J. CHUNG,
`Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion
`to issue one Order to be docketed in each case. The parties, however, are
`not authorized to use this caption for any subsequent papers.
`
`
`
`IPR2015-01264, IPR2015-01268, IPR2015-01269
`IPR2015-01319, IPR2015-01321, IPR2015-01325
`
`
`
`The Updated Scheduling Order set August 17–18, 2016 as the date for
`
`oral argument, if requested by the parties and granted by the Board.
`
`IPR2015-01264, Paper 26; IPR2015-01268, Paper 29; IPR2015-01269,
`
`Paper 26; IPR2015-01319, Paper 26; IPR2015-01321, Paper 26; IPR2015-
`
`01325, Paper 26.2 Both Petitioner and Patent Owner have requested oral
`
`argument. Papers 34, 35. The parties’ requests for oral argument are
`
`granted.
`
`The oral hearing will be held only on August 17, 2016. Oral
`
`arguments for these cases will commence at 10:00 AM Eastern Time on
`
`August 17, 2016, at the Alexandria Office of the USPTO, located on the 9th
`
`Floor of the Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia, 22314. Counsel and other attendees will need a picture ID in order
`
`to enter the Madison Building East. The parties are advised to check-in with
`
`security on the 9th floor at least thirty (30) minutes before the hearing is set
`
`to begin.
`
`The hearing room in the Alexandria Office can accommodate the lead
`
`counsel and a back-up counsel for each party at its respective counsel table.
`
`Other members of the parties will be accommodated based on space
`
`availability on a first-come, first-served basis. The oral arguments will be
`
`open to the public for in-person attendance. Members of the public will be
`
`accommodated based on space available in the overflow room on a first-
`
`come, first-served basis. The Board will provide a court reporter for the
`
`
`2 Throughout the remainder of this Order, we cite to the papers filed in
`IPR2015-01264. Similar papers have been filed in IPR2015-01268,
`IPR2015-01269, IPR2015-01319, IPR2015-01321, and IPR2015-01325.
`
`2
`
`
`
`IPR2015-01264, IPR2015-01268, IPR2015-01269
`IPR2015-01319, IPR2015-01321, IPR2015-01325
`
`hearing, and the reporter’s transcript will constitute the official record of the
`
`oral arguments.
`
`The parties will present arguments starting at 10:00 AM ET. Each
`
`party will have two (2) hours and thirty (30) minutes (i.e., one hundred and
`
`fifty minutes) of total argument time to present its arguments for the six
`
`cases, IPR2015-01264, IPR2015-01268, IPR2015-01269, IPR2015-01319,
`
`IPR2015-01321, and IPR2015-0132. Petitioner will begin by presenting its
`
`arguments regarding the challenged claims for which the Board instituted
`
`trial for all six cases. Petitioner may reserve time for rebuttal arguments.
`
`Patent Owner then will respond to Petitioner’s arguments. Petitioner then
`
`may present rebuttal arguments during its reserved rebuttal time. The
`
`arguments will conclude at approximately 4:00 PM ET.
`
`At least seven (7) business days prior to the oral arguments, each
`
`party shall serve on the other party any demonstrative exhibit(s) it intends to
`
`use during the oral arguments. See 37 C.F.R. § 42.70(b). The parties also
`
`shall provide the demonstrative exhibits to the Board at least five (5)
`
`business days prior to the oral arguments by e-mailing them to
`
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`
`these cases. Demonstrative exhibits are not evidence, but merely a visual
`
`aid at the oral arguments. Demonstrative exhibits may not introduce new
`
`evidence or raise new arguments, but instead, should cite to evidence in the
`
`record. The parties are directed to St. Jude Medical, Cardiology Division,
`
`Inc. v. The Board of Regents of the University of Michigan, Case IPR2013-
`
`00041 (PTAB Jan. 27, 2014) (Paper 65) and CBS Interactive Inc. v.
`
`Helferich Patent Licensing, LLC, IPR2013-00033, (PTAB Oct. 23, 2013)
`
`3
`
`
`
`IPR2015-01264, IPR2015-01268, IPR2015-01269
`IPR2015-01319, IPR2015-01321, IPR2015-01325
`
`(Paper 118), for guidance regarding the appropriate content of demonstrative
`
`exhibits.
`
`The parties should attempt to resolve any objections to demonstratives
`
`prior to involving the Board. The parties must email the Board to request a
`
`conference call with the Board before 5pm ET at least three (3) business
`
`days before the hearing to present any unresolved objection regarding the
`
`propriety of any demonstrative exhibit. In the email, the parties 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 schedule a conference if deemed necessary. Otherwise, the
`
`Board will reserve ruling on the objections until after the oral hearing. Any
`
`unresolved objection to demonstrative exhibits that is not presented timely
`
`will be considered waived. The Board requests the parties to confine
`
`demonstrative exhibit objections to those identifying egregious violations
`
`that are prejudicial to the administration of justice. To aid in the preparation
`
`of an accurate transcript, each party shall provide paper copies of its
`
`demonstratives to the court reporter on the day of the oral arguments. Such
`
`paper copies shall not become part of the record of this proceeding.
`
`The parties are reminded that each presenter must identify clearly and
`
`specifically each demonstrative exhibit (e.g., by slide or screen number),
`
`paper, or exhibit referenced during the oral arguments 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 arguments. If a party anticipates that its lead counsel will not be
`
`attending the oral arguments, the parties should initiate a joint telephone
`
`4
`
`
`
`IPR2015-01264, IPR2015-01268, IPR2015-01269
`IPR2015-01319, IPR2015-01321, IPR2015-01325
`
`conference with the Board no later than seven (7) business days prior to the
`
`oral arguments to discuss the matter. Any counsel of record, however, may
`
`present the party’s arguments.
`
`Lead counsel and back-up counsel may use portable computers in the
`
`hearing room at the counsel tables and at the hearing room lectern.
`
`Although “Patent Owner requests that audio/visual equipment be made
`
`available at the oral hearing for displaying demonstrative exhibits” (Paper
`
`34, 2), the parties are reminded to direct their requests for audio-visual
`
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`
`honored unless presented in a separate communication directed to the above
`
`e-mail address not less than five (5) days before the oral arguments. If the
`
`request is not received timely, the equipment may not be available on the
`
`day of the oral arguments.
`
`
`
`It is
`
`ORDER
`
`ORDERED that a consolidated oral hearing for IPR2015-01264,
`
`IPR2015-01268, IPR2015-01269, IPR2015-01319, IPR2015-01321, and
`
`IPR2015-01325 shall commence at 10:00 AM ET on August 17, 2016, on
`
`the ninth Floor of the Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia.
`
`
`
`5
`
`
`
`
`
`IPR2015-01264, IPR2015-01268, IPR2015-01269
`IPR2015-01319, IPR2015-01321, IPR2015-01325
`
`PETITIONER:
`
`Andrew Brown
`Michael T. Rosato
`Matthew A. Argenti
`WILSON SONSINI GOODRICH & ROSATI
`asbrown@wsgr.com
`mrosato@wsgr.com
`margenti@wsgr.com
`
`
`
`PATENT OWNER:
`
`Wayne Helge
`Michael Casey
`DAVIDSON BERQUIST JACKSON & GOWDEY, LLP
`whelge@dbjg.com
`mcasey@dbjg.com
`
`
`6
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