Trials@uspto.gov
`571-272-7822
`
`
`Paper 36
`Entered: February 2, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARISTA NETWORKS, INC.,
`Petitioner,
`
`v.
`
`CISCO SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00303 (Patent 6,377,577 B1)
`Case IPR2016-00306 (Patent 7,023,853 B1)
`Case IPR2016-00308 (Patent 7,162,537 B1)
`Case IPR2016-00309 (Patent 7,224,668 B1)1
`___________
`
`
`Before BRYAN F. MOORE, MIRIAM L. QUINN,
`MATTHEW R. CLEMENTS, and PETER P. CHEN,
`Administrative Patent Judges.
`
`CHEN, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. §§ 42.5, 42.70
`
`
`
`
`1 This order addresses issues that are the same in all four identified cases.
`We exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading in subsequent papers.
`Citations are to papers filed in IPR2016-00303.
`
`
`571-272-7822
`
`
`Paper 36
`Entered: February 2, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ARISTA NETWORKS, INC.,
`Petitioner,
`
`v.
`
`CISCO SYSTEMS, INC.,
`Patent Owner.
`____________
`
`Case IPR2016-00303 (Patent 6,377,577 B1)
`Case IPR2016-00306 (Patent 7,023,853 B1)
`Case IPR2016-00308 (Patent 7,162,537 B1)
`Case IPR2016-00309 (Patent 7,224,668 B1)1
`___________
`
`
`Before BRYAN F. MOORE, MIRIAM L. QUINN,
`MATTHEW R. CLEMENTS, and PETER P. CHEN,
`Administrative Patent Judges.
`
`CHEN, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. §§ 42.5, 42.70
`
`
`
`
`1 This order addresses issues that are the same in all four identified cases.
`We exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading in subsequent papers.
`Citations are to papers filed in IPR2016-00303.
`
`
`
`IPR2016-00303, IPR2016-00306, IPR2016-00308, IPR2016-00309
`Patents 6,377,577 B1, 7,023,853 B1, 7,162,537 B1, 7,224,668 B1
`
`
`Petitioner, Arista Networks, Inc., and Patent Owner, Cisco Systems,
`Inc., request an oral hearing in these four IPR proceedings pursuant to
`37 C.F.R. § 42.70. (Papers 33 and 34, respectively). We grant the requests.
`The hearing will commence at 1:00 pm Eastern Time on Tuesday, March
`7, 2017, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, VA.
`Each party will have 90 minutes of argument time, total, that it may
`allocate between and amongst the four above-captioned IPRs. Petitioner
`bears the ultimate burden of persuasion that the claims at issue are
`unpatentable. Therefore, Petitioner will open the hearing by presenting its
`case regarding the claims for which the Board instituted trial in each of the
`four proceedings. Patent Owner then will have the opportunity to respond to
`Petitioner’s arguments. Finally, Petitioner may use any time it has reserved
`for rebuttal to respond to arguments presented by Patent Owner. Patent
`Owner may not reserve rebuttal time.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. The hearing will be open to the
`public for in-person attendance that will be accommodated on a first-come,
`first-served basis.
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must
`be served on opposing counsel at least seven business days before the
`hearing; we request the parties to file any demonstratives with the Board no
`later than two business days before the hearing. The parties are directed to
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`University of Michigan, IPR2013-00041, Paper 65 (PTAB Jan. 27, 2014),
`
`2
`
`
`
`IPR2016-00303, IPR2016-00306, IPR2016-00308, IPR2016-00309
`Patents 6,377,577 B1, 7,023,853 B1, 7,162,537 B1, 7,224,668 B1
`
`regarding the appropriate content of demonstrative exhibits. A hard copy of
`the demonstratives should be provided to the court reporter at the hearing.
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved, the parties must file any objections to the demonstratives
`with the Board at least three business days before the hearing. The
`objections should identify with particularity which portions of the
`demonstratives are subject to objection, and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections. Any objection to the demonstrative
`exhibits that is not timely presented will be considered waived.
`At least one member of the panel will be attending the hearing remotely,
`by video and audio link. The parties are reminded that, during the hearing,
`the presenter must identify clearly each demonstrative exhibit (e.g., by
`referencing a specific slide or screen number) to ensure clarity and accuracy
`of the reporter’s transcript, and to ensure that a remote judge can follow the
`argument, even if the video connection is disrupted.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment must be made five days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not timely
`received, the equipment may not be available on the day of the hearing.
`No live testimony from any witness will be taken at the oral hearing.
`The Board expects lead counsel for each party to be present at the oral
`
`3
`
`
`
`IPR2016-00303, IPR2016-00306, IPR2016-00308, IPR2016-00309
`Patents 6,377,577 B1, 7,023,853 B1, 7,162,537 B1, 7,224,668 B1
`
`hearing, although any counsel of record may make the actual presentation.
`If either party anticipates that its lead counsel will not be in attendance at the
`oral hearing, the parties should initiate a joint telephone conference with the
`Board no later than five business days prior to the oral hearing to discuss the
`matter.
`
`
`
`PETITIONER:
`W. Karl Renner
`Lauren Degnan
`Alex Gelberg
`Michael McKeon
`Jason Wolff
`Linhong Zhang
`Adam Shartzer
`FISH & RICHARDSON P.C.
`IPR40963-0003IP4@fr.com / IPR40963-0004IP4@fr.com / IPR40963-
`0006IP3@fr.com
`PTABInbound@fr.com
`gelberg@fr.com
`mckeon@fr.com
`wolff@fr.com
`PTABInbound@fr.com
`shartzer@fr.com / IPR40963-0005IP1@fr.com
`
`PATENT OWNER:
`Jon E. Wright
`Robert Greene Sterne
`Lori A. Gordon
`Lestin L. Kenton, Jr.
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jwright-PTAB@skgf.com
`rsterne-PTAB@skgf.com
`lgordon-PTAB@skgf.com
`lkenton-PTAB@skgf.com
`
`
`4
`
`
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