`Tel: 571-272-7822
`
`Paper 18
`Entered: October 27, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PLAID TECHNOLOGIES, INC.,
`Petitioner,
`
`v.
`
`YODLEE, INC.,
`Patent Owner.
`
`Case IPR2016-00273
`Patent 6,317,783 B1
`
`Before SALLY C. MEDLEY, MICHAEL R. ZECHER, and
`JOHN A. HUDALLA, Administrative Patent Judges.
`
`
`
`
`
`
`
`
`
`HUDALLA, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`37 C.F.R. § 42.5(a)
`
`A conference call in the above proceeding was held on October 26,
`2016, among respective counsel for Petitioner and Patent Owner, and Judges
`Medley, Zecher, and Hudalla. The call was requested by Petitioner to
`discuss its request to change the date of the oral hearing (i.e., “DUE
`DATE 7”) in this case, which is presently scheduled for March 7, 2017.
`Paper 11, 6. Petitioner’s counsel noted that the trial in the related district
`court litigation is scheduled for March 13–17, 2017, so counsel expressed
`
`
`
`Case IPR2016-00273
`Patent 6,317,783 B1
`
`concern that the oral hearing would overlap with preparations for trial.
`Patent Owner does not oppose Petitioner’s request to move the oral hearing,
`but Patent Owner did not join Petitioner’s request.
`We do not find good cause to grant Petitioner’s request. Importantly,
`there is no actual conflict between the date of the oral hearing in this case
`and the dates of trial in the related district court litigation. Furthermore,
`although we acknowledge that Petitioner’s lead counsel here, Brian M.
`Buroker, is also lead counsel in the district court litigation, and that he will
`undoubtedly be busy during that time, several other lawyers are appearing
`with Mr. Buroker in that litigation. In addition, Petitioner has back-up
`counsel in this case, Omar F. Amin, who can appear on Petitioner’s behalf at
`the oral hearing. See 37 C.F.R. § 42.10(a). Finally, our own scheduling
`concerns weigh against Petitioner’s request. See Bio-Rad Labs., Inc. v. GE
`Healthcare Bio-Sciences AB, Case IPR2015-01826, slip. op. at 3–4 (PTAB
`Oct. 21, 2016) (Paper 34) (discussing the difficulties of rescheduling a
`hearing in light of the Judges’ schedules and the Board’s limited number of
`hearing rooms).
`As an accommodation to Petitioner, and based on the particular
`circumstances presented here, we hereby excuse Mr. Buroker from the
`expectation that he will be present for and participate in the oral hearing on
`March 7, 2017. See Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756,
`48,758 (Aug. 14, 2012) (stating “that lead counsel will . . . participate in all
`hearings . . . with the Board”).
`
`
`
`
`
`2
`
`
`
`Case IPR2016-00273
`Patent 6,317,783 B1
`
`In consideration of the foregoing, it is hereby:
`ORDERED that Petitioner’s request to change the oral hearing date in
`this case is denied; and
`FURTHER ORDERED that Petitioner’s lead counsel, Brian M.
`Buroker, is excused from the expectation that he will be present for and
`participate in the oral hearing in this case.
`
`
`3
`
`
`
`Case IPR2016-00273
`Patent 6,317,783 B1
`
`PETITIONER:
`Brian M. Buroker
`Omar F. Amin
`GIBSON, DUNN & CRUTCHER LLP
`bburoker@gibsondunn.com
`oamin@gibsondunn.com
`
`PATENT OWNER:
`David Hoffman
`David M. Barkan
`Matthew McCullough
`FISH & RICHARDSON P.C.
`hoffman@fr.com
`barkan@fr.com
`mccullough@fr.com
`IPR12233-0046IP1@fr.com
`
`
`
`4
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