`Date: November 17, 2016
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PALO ALTO NETWORKS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`
`____________
`
`Case IPR2015-019791
`(Patent 8,141,154 B2)
`
`____________
`
`
`Before THOMAS L. GIANNETTI, RICHARD E. RICE, and
`MIRIAM L. QUINN, Administrative Patent Judges.
`
`
`
`QUINN, Administrative Patent Judge.
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`
`
`ORDER
`Conduct of the Proceedings
`37 C.F.R. § 42.5
`
`
`1 Case IPR2016-00919 (filed by Symantec Corp.) has been joined with this
`proceeding.
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`
`
`IPR2015-01979
`Patent 8,141,154 B2
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`
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`The parties have requested an oral hearing in each of these proceedings
`pursuant to 37 C.F.R. § 42.70. See IPR2015-01979, Papers 38, 39. We grant the
`parties’ requests.
`Each party will have one hour of total argument 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. Thereafter, Patent Owner will
`respond to Petitioner’s case. After that, Petitioner will make use of the rest of its
`time responding to Patent Owner. There is no motion to amend to be addressed at
`the hearing, and, therefore, no rebuttal time will be allotted to Patent Owner.
`As discussed during the conference call held with the parties on November
`16, 2016, the panel has requested that the parties be prepared also to address the
`issues briefed in connection with the application of 35 U.S.C. § 315(e)(1). See
`Papers 34 (Order), 42 (Patent Owner’s Brief) and 44 (Petitioner’s Brief).
`The hearing will commence at 1:30 PM Eastern Time on December 15, 2016
`at the USPTO, Madison Building, 9th Floor, 600 Dulany Street, Alexandria,
`Virginia. The hearing will be open to the public for in-person attendance, which
`will be accommodated on a first come first serve basis. If the parties have
`concerns about disclosing confidential information, they are requested to contact
`the Board at least ten business days in advance of the hearing to discuss the matter.
`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 seven business days before the
`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
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`IPR2015-01979
`Patent 8,141,154 B2
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`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`appropriate content of demonstrative exhibits.
`Any issue regarding demonstrative exhibits should be resolved at least two
`business days prior to the hearing by way of a joint telephone conference call to the
`Board. 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 timely presented will be considered waived.
`Demonstratives should be filed to the Board no later than two days before the
`hearing. A hard copy of the demonstratives should be provided to the court
`reporter at the hearing.
`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 five business days in advance of the hearing date. The request is to be
`sent directly 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 parties
`also should note that at least one member of the panel will be attending the hearing
`electronically from a remote location and will not be able to view the projection
`screen in the hearing room.
`The Board expects lead counsel for each party (including each of the joined
`Petitioners) to be present in person at the oral hearing. However, lead or backup
`counsel of the presenting party may put forward the party’s argument.
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`IPR2015-01979
`Patent 8,141,154 B2
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`If either party anticipates that its lead counsel will not be attending the oral
`hearing, the parties should initiate a joint telephone conference with the Board no
`later than two business days prior to the oral hearing to discuss the matter.
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`IPR2015-01979
`Patent 8,141,154 B2
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`Counsel for Palo Alto Networks
`
`Orion Armon (Lead Counsel)
`Christopher Max Colice (Back-up Counsel)
`Jennifer Volk (Back-up Counsel)
`Brian Eutermoser (Back-up Counsel)
`oarmon@cooley.com
`mcolice@cooley.com
`jvolkfortier@cooley.com
`beutermoser@cooley.com
`
`Counsel for Symantec Corp.,
`
`Nathaniel A. Hamstra (Lead Counsel)
`nathanhamstra@quinnemanuel.com
`
`
`
`PATENT OWNER:
`
`James Hannah (Lead Counsel)
`Jeffrey H. Price (Back-up Counsel)
`Michael Kim (Back-up Counsel)
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`mkim@finjan.com
`
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