Paper 81
`
`
` Entered: November 18, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACTIVISION BLIZZARD, INC., ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC., ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________
`
`Cases IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)1,2
`Cases IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`Cases IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`____________
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW and WILLIAM M. FINK,
`Administrative Patent Judges.
`
`FINK, Administrative Patent Judge.
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion to issue
`one Order to be entered in each case. The parties, however, are not authorized to
`use this caption for any subsequent papers.
`2 Bungie, Inc., who filed Petitions in IPR2016-00933, IPR2016-00934, IPR2016-
`00935, IPR2016-00936, IPR2016-00963, and IPR2016-00964, has been joined as a
`Petitioner in these proceedings.
`
`
`
`
` Entered: November 18, 2016
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ACTIVISION BLIZZARD, INC., ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC., ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________
`
`Cases IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)1,2
`Cases IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`Cases IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`____________
`
`
`Before SALLY C. MEDLEY, LYNNE E. PETTIGREW and WILLIAM M. FINK,
`Administrative Patent Judges.
`
`FINK, Administrative Patent Judge.
`
`
`
`1 This Order applies to each of the listed cases. We exercise our discretion to issue
`one Order to be entered in each case. The parties, however, are not authorized to
`use this caption for any subsequent papers.
`2 Bungie, Inc., who filed Petitions in IPR2016-00933, IPR2016-00934, IPR2016-
`00935, IPR2016-00936, IPR2016-00963, and IPR2016-00964, has been joined as a
`Petitioner in these proceedings.
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Petitioner, Activision Blizzard, Inc., Electronic Arts Inc., Take-Two
`Interactive Software, Inc., 2K Sports, Inc., Rockstar Games, Inc., and Bungie, Inc.,
`and Patent Owner, Acceleration Bay, LLC, requested a hearing in each of the
`above six proceedings pursuant to 37 C.F.R. § 42.70(a). See, e.g., IPR2015-01951,
`Paper 72, 74; IPR2015-01953, Paper 73, 76. The requests are granted.
`These proceedings will be heard on December 7, 2016, beginning at 9:00
`a.m. Given the overlap in these six proceedings, each party will have 90 minutes
`of total argument time in a consolidated hearing. Each side will present arguments
`for the six proceedings during the allotted time. Petitioner bears the ultimate
`burden of proof that the claims at issue in this review are unpatentable. Therefore,
`Petitioner will proceed first to present its case with regard to the challenged claims
`on which basis we instituted trial and make arguments in favor of its motions to
`exclude. Thereafter, Patent Owner will respond to Petitioner’s case and present
`any arguments in support of its contingent motions to amend and its motions to
`exclude.
`After that, Petitioner may make use of the rest of its time responding to
`Patent Owner. To the extent Petitioner reserves time, it may respond to Patent
`Owner’s presentation on all matters. To the extent Patent Owner reserves rebuttal
`time, it may respond only to Petitioner’s arguments opposing the contingent
`motions to amend and opposing Patent Owner’s motions to exclude.
`Although Motions to Seal are pending, neither party has requested that the
`oral hearing be closed to the public. Accordingly, the hearings will be open to the
`public for in-person attendance in Hearing Room A on the ninth floor of Madison
`
`
`
`2
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`Building East, 600 Dulany Street, Alexandria, Virginia. In-person attendance will
`be accommodated on a first-come, first-served basis. The Board will provide a
`court reporter for the hearings, and the reporter’s transcripts will constitute the
`official record of the hearings.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served seven
`business days prior to the hearings. The parties shall not file any demonstrative
`exhibits in this case without prior authorization, but should e-mail demonstratives
`to the Board via Trials@uspto.gov three business days before the hearing.
`The parties shall meet and confer with each in other in good faith regarding
`any objections to demonstrative exhibits in each proceeding. For any issue that
`cannot be resolved after conferring with the opposing party, the parties may file
`jointly a one-page list of objections at least two business days prior to the hearing.
`The list should identify with particularity which demonstrative exhibits are subject
`to objection and include a short statement (no more than one sentence) of the
`reason for each objection. No argument or further explanation is permitted. We
`will consider the objections and schedule a conference call if necessary.
`Otherwise, we will reserve ruling on the objections until the hearing or after the
`hearing. Any objection to demonstrative exhibits that is not presented timely will
`be considered waived.
`The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, slip op. at 2–5 (PTAB Oct. 23, 2013) (Paper
`118), regarding the appropriate content of demonstrative exhibits. 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
`hearings to ensure the clarity and accuracy of the reporter’s transcripts.
`
`
`
`3
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`The Board expects lead counsel for Petitioner and Patent Owner to be
`present at the hearings, although any back-up counsel may make the actual
`presentation, in whole or in part. If lead counsel for a party will not be in
`attendance at the hearings, the Board should be notified via a joint conference call
`no later than two days prior to the hearings to discuss the matter.
`Requests for audio-visual equipment at the hearings are to be made five days
`in advance of the hearing date. The requests must be sent to Trials@uspto.gov. If
`the requests are not received timely, equipment may not be available on the day of
`the hearings. Further, if the parties have questions as to whether demonstrative
`exhibits would be sufficiently visible and available to all of the judges, the parties
`are invited to contact the Board at 571-272-9797.
`
`
`
`
`4
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`
`FOR PETITIONER:
`J. Steven Baughman
`Andrew Thomases
`James L. Davis, Jr.
`Daniel W. Richards
`Matthew R. Shapiro
`Joseph E. Van Tassel
`ROPES & GRAY LLP
`steven.baughman@ropesgray.com
`andrew.thomases@ropesgray.com
`james.l.davis@ropesgray.com
`daniel.w.richards@ropesgray.com
`matthew.shapiro@ropesgray.com
`joseph.vantassel@ropesgray.com
`
`Michael T. Rosato
`Andrew S. Brown
`WILSON SONSINI GOODRICH & ROSATI
`mrosato@wsgr.com
`asbrown@wsgr.com
`
`Michael Tomasulo
`Michael Murray
`Andrew Sommer
`WINSTON & STRAWN LLP
`mtomasulo@winston.com
`mmurray@winston.com
`asommer@winston.com
`
`
`
`
`
`5
`
`
`
`IPR2015-01951, IPR2015-01953 (Patent 6,714,966 B1)
`IPR2015-01964, IPR2015-01996 (Patent 6,829,634 B1)
`IPR2015-01970, IPR2015-01972 (Patent 6,701,344 B1)
`
`FOR PATENT OWNER:
`James Hannah
`Michael Lee
`Shannon Hedvat
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`shedvat@kramerlevin.com
`
`
`
`
`6
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