`571.272.7822
`
`
`Paper No. 46
`Filed: June 1, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`HEWLETT-PACKARD ENTERPRISE CO.; HP ENTERPRISE
`SERVICES LLC; and TERADATA OPERATIONS, INC.,
`Petitioner.
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-00783
`Patent 6,597,812 B1
`______________
`
`
`
`
`
`
`
`
`Before GEORGIANNA W. BRADEN, J. JOHN LEE, and JASON J.
`CHUNG, Administrative Patent Judges.
`
`
`
`CHUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`Case IPR2016-00783
`Patent 6,597,812 B1
`
`
`On October 5, 2016, we entered a Decision to Institute trial in
`IPR2016-00783. Paper 19. The Scheduling Order set the date for oral
`hearing, if requested by either party, as June 30, 2017. Paper 18. Pursuant
`to 37 C.F.R. § 42.70, both parties have requested oral hearing. Papers 42,
`43. Petitioner’s and Patent Owner’s requests for oral hearing are granted.
`Oral argument for this proceeding will be held on June 30, 2017, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The hearing will commence at 1:00 PM Eastern Time and it will
`be open to the public for in-person attendance. In-person attendance will be
`accommodated on a first-come-first-served basis. If the parties have any
`concern about disclosing confidential information, they are to contact the
`Board at least three (3) business days in advance of the hearing to discuss
`the matter.
`Each party will have thirty (30) minutes of total time to present
`arguments. Petitioner bears the ultimate burden of proof that the claims at
`issue are unpatentable. Therefore, Petitioner will proceed first to present its
`case with regard to the challenged claims and grounds on which we
`instituted trial in IPR2016-00783. Patent Owner then will argue its
`opposition to Petitioner’s case. Petitioner may reserve rebuttal time.
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing.
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed.
`
`
`
`2
`
`
`
`Case IPR2016-00783
`Patent 6,597,812 B1
`
`
`Furthermore, pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits
`must be served at least three (3) business days before the hearing. The
`parties shall provide a courtesy copy of any demonstrative exhibits to the
`Board at least three (3) business days prior to the hearing by emailing them
`to Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`the records of these proceedings without prior authorization from the Board.
`The demonstrative exhibits in this case are not evidence and are intended
`only to assist the parties in presenting their oral argument to the Board. The
`parties must, however, file any objections to the demonstratives with the
`Board at least three (3) business days before the hearing. Any objection to
`the demonstrative exhibits that is not presented timely will be considered
`waived. The objections should identify with particularity which
`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 until after the oral argument. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`The Board expects lead counsel for each party to be present at oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If lead counsel for either party will not be in attendance at
`oral hearing, the Board should be notified via a joint telephone conference
`
`
`
`3
`
`
`
`Case IPR2016-00783
`Patent 6,597,812 B1
`
`call no later than three (3) business days prior to the oral hearing to discuss
`the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than three (3) business
`days before the hearing directed to the above email address.
`At least one judge will be participating remotely via a
`videoconferencing device and will not be able to view the projection screen
`in the hearing room. 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 avoid confusion, and to
`ensure the clarity and accuracy of the reporter’s transcript.
`
`
`
`
`
`4
`
`
`
`Case IPR2016-00783
`Patent 6,597,812 B1
`
`FOR PETITIONER:
`John D. Vandenberg
`Garth A. Winn
`J. Christopher Carraway
`Derrick Toddy
`KLARQUIST SPARKMAN, LLP
`john.vandenberg@klarquist.com
`garth.winn@klarquist.com
`chris.carraway@klarquist.com
`derrick.toddy@klarquist.com
`
`Jamie R. Lynn
`Eliot D. Williams
`BAKER BOTTS LLP
`jamie.lynn@bakerbotts.com
`eliot.williams@bakerbotts.com
`
`
`
`FOR PATENT OWNER:
`William P. Rothwell
`Kayvan B. Noroozi
`NOROOZI PC
`william@noroozipc.com
`kayvan@noroozipc.com
`
`Jason D. Eisenberg
`Donald J. Featherstone
`Joseph E. Mutschelknaus
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`jasone-PTAB@skgf.com
`donf-PTAB@skgf.com
`jmutsche-PTAB@skgf.com
`
`
`
`5
`
`
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