`Tel: 571.272.7822
`
`Paper 65
`Entered: March 21, 2019
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`PALO ALTO NETWORKS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00151
`Patent 8,141,154
`____________
`
`
`Before THOMAS L. GIANNETTI, MIRIAM L. QUINN, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70(a)
`
`
`
`IPR2016-00151
`Patent 8,141,154
`
`
`In our Order setting the schedule and procedure on remand, we
`
`provided the parties an opportunity to present oral argument, if requested.
`
`Paper 56. That opportunity, however, is in the form of a telephonic hearing.
`
`Id. Petitioner has requested a hearing. Paper 64. Patent Owner did not file
`
`a request. The request for oral argument is granted.
`
`Presentation of oral argument will proceed telephonically,
`
`commencing at 11 AM Eastern Time, on March 26, 2019. Each party will
`
`have twenty (20) minutes of total time to present argument. Because
`
`Petitioner bears the ultimate burden of proof, Petitioner will proceed first
`
`and may reserve a small portion of its time for rebuttal. Thereafter, Patent
`
`Owner will respond to Petitioner’s case. After that, Petitioner may use the
`
`rest of its time for its rebuttal, responding to Patent Owner’s specific
`
`arguments. If Patent Owner has reserved time for rebuttal and up to the time
`
`remaining, Patent Owner may present sur-rebuttal argument. No live
`
`testimony from any witness will be taken at the oral hearing.
`
`If either party desires to rely on demonstratives, those must be filed as
`
`exhibits in accordance with 37 C.F.R. § 42.63, at least three business days
`
`prior to the hearing. Demonstrative exhibits are not evidence, but merely a
`
`visual aid at the oral hearing. The Board expects the parties will meet and
`
`confer in good faith to resolve any objections to demonstrative exhibits. 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 three
`
`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 short sentence) of the reason for each objection.
`
`No argument or further explanation is permitted.
`
`2
`
`
`
`IPR2016-00151
`Patent 8,141,154
`
`
`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.
`
`Because oral argument will proceed telephonically, the parties are
`
`reminded that any demonstrative or exhibit in the record must be identified
`
`clearly and specifically to ensure the clarity and accuracy of the reporter’s
`
`transcript, but also importantly, to ensure that the judges are able to follow
`
`along the presentation.
`
`
`
`The Board expects lead counsel for each party to be present at the oral
`
`hearing. Any backup counsel, however, may make the actual presentation,
`
`in whole or in part. The Board will provide a court reporter, and the
`
`reporter’s transcript will constitute the official record of the hearing. The
`
`oral hearing transcript will be entered in the record of the proceeding.
`
`An email with the telephone conference information will be sent to
`
`the attorneys of record before the hearing commences. To ensure proper
`
`audio quality for all involved, the telephonic device must be placed on mute
`
`while the user is not presenting. The Board may ask for withdrawal of any
`
`attendee causing noise or other disturbance that compromises the integrity of
`
`the hearing.
`
`
`
`
`
`3
`
`
`
`IPR2016-00151
`Patent 8,141,154
`
`
`PETITIONER:
`
`Matthew I. Kreeger
`Jonathan Bockman
`Shouvik Biswas
`Nathaniel Hamstra
`MORRISON & FOERSTER LLP
`MKreeger@mofo.com
`FinjanPANMofoTeam@mofo.com
`FinjanPANMofoTeam@mofo.com
`nathanhamstra@quinnemanuel.com
`
`PATENT OWNER:
`
`James Hannah
`Jeffrey H. Price
`Michael Lee
`KRAMER LEVIN NAFTALS & FRANKEL LLP
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`mhlee@karamerlevin.com
`
`
`4
`
`
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