Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 29
`Entered: May 23, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTERNATIONAL BUSINESS MACHINES CORPORATION,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01323
`Patent 6,314,409 B2
`
`
`
`
`
`Before KRISTEN L. DROESCH and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`
`DROESCH, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`A trial was instituted on December 8, 2015. Paper 12. Claim 40
`remains as the only challenged claim of this inter partes review following
`the termination in-part as to claims 21, 24–27, 29, 30, 32, 33, and 36–39.
`Paper 22. Petitioner requested oral hearing pursuant to 37 C.F.R. § 42.70.
`Paper 26. Patent Owner did not file a request for oral hearing. See also Ex.
`3001, 6:3–4 (Counsel indicating that Patent Owner will not request oral
`
`
`571-272-7822
`
`
`
`
`
`Paper 29
`Entered: May 23, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTERNATIONAL BUSINESS MACHINES CORPORATION,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case IPR2015-01323
`Patent 6,314,409 B2
`
`
`
`
`
`Before KRISTEN L. DROESCH and MATTHEW R. CLEMENTS,
`Administrative Patent Judges.
`
`
`DROESCH, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`A trial was instituted on December 8, 2015. Paper 12. Claim 40
`remains as the only challenged claim of this inter partes review following
`the termination in-part as to claims 21, 24–27, 29, 30, 32, 33, and 36–39.
`Paper 22. Petitioner requested oral hearing pursuant to 37 C.F.R. § 42.70.
`Paper 26. Patent Owner did not file a request for oral hearing. See also Ex.
`3001, 6:3–4 (Counsel indicating that Patent Owner will not request oral
`
`
`
`CBM2014-00157
`Patent 6,314,409
`hearing). Petitioner’s request is GRANTED. Please note that the date of
`oral hearing has been changed from September 12, 2016, in the original
`Scheduling Order to July 12, 2016. Specifically, the hearing will
`commence at 1:00 PM ET, on July 12, 2016, on the ninth floor of Madison
`Building East, 600 Dulany Street, Alexandria, Virginia.
`Petitioner will have thirty (30) minutes of total time to present
`arguments. Petitioner bears the ultimate burden of proof that Patent
`Owner’s claims at issue in this review are unpatentable. Therefore,
`Petitioner will open the hearing by presenting its case regarding the
`remaining challenged claim for which the Board instituted trial.
`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, accommodated
`on a first-come-first-serve basis. 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 (5) business days before the hearing. Petitioner also shall provide the
`demonstrative exhibits to the Board no later than two (2) business days
`before the hearing by emailing a copy of the demonstrative exhibits to
`Trials@uspto.gov. We waive the requirement under 37 C.F.R. § 42.70(b)
`that demonstrative exhibits be filed no later than the time of oral argument.
`Petitioner shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board. Petitioner is directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
`2
`
`
`
`CBM2014-00157
`Patent 6,314,409
`of Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper 65), for
`guidance regarding the appropriate content of demonstrative exhibits.
`The Board expects the parties will meet and confer in good faith to
`resolve any objections to demonstrative exhibits. If such objections cannot
`be resolved, the parties may file any objections to demonstratives with the
`Board at least two (2) business days before the hearing. The objections
`should identify with particularity which portions of the demonstrative
`exhibits are subject to objection, include a copy of the objected-to portions,
`and include a one-sentence statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider any
`objections and schedule a conference call if deemed necessary. Otherwise,
`the Board will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`Petitioner is reminded that during oral hearing 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 Petitioner to be present in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If Petitioner anticipates that its lead counsel will not
`attend the oral argument, Petitioner should initiate a joint telephone
`conference with the Board no later than two (2) business days prior to the
`oral hearing to discuss the matter.
`
`3
`
`
`
`CBM2014-00157
`Patent 6,314,409
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov no later than two (2) business days prior to the oral
`hearing.
`Accordingly, it is:
`ORDERED that oral hearing, conducted pursuant to the procedures
`outlined above, shall commence at 1:00 PM ET on July 12, 2016.
`
`
`
`
`
`
`
`4
`
`
`
`CBM2014-00157
`Patent 6,314,409
`PETITIONER:
`Kenneth R. Adamo
`Brent P. Ray
`Joel R. Merkin
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`kenneth.adamo@kirkland.com
`brent.ray@kirkland.com
`jmerkin@kirkland.com
`eugene.goryunov@kirkland.com
`
`
`
`PATENT OWNER:
`Lori A. Gordon
`Byron L. Pickard
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC
`lgordon-PTAB@skgf.com
`bpickard-PTAB@skgf.com
`
`Tim R. Seeley
`James R. Hietala,
`INTELLECTUAL VENTURES
`tim@intven.com
`jhietala@intven.com
`
`
`
`
`
`5
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