Trials@uspto.gov
`571-272-7822
`
`Paper 29
`Entered: June 14, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`TALARI NETWORKS, INC.,
`Petitioner,
`
`v.
`
`FATPIPE NETWORKS INDIA LIMITED,
`Patent Owner.
`____________
`
`Case IPR2016-00976 Patent 6,775,235 B2
`Case IPR2016-00977 Patent 7,406,048 B2
`____________
`
`Before STACEY G. WHITE, MICHELLE N. WORMMEESTER, and
`CHRISTA P. ZADO, Administrative Patent Judges.
`
`WHITE, Administrative Patent Judge.
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`

`

`IPR2016-00976 Patent 6,775,235 B2
`IPR2016-00977 Patent 7,406,048 B2
`
`
`The most recent Scheduling Orders (IPR2016-00976, Paper 21; IPR2016-
`
`00977, Paper 21) for these proceedings provided that an oral hearing would be
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`conducted on June 26, 2017, if a hearing is requested by the parties and granted by
`
`the Board. The parties requested oral hearing for these proceedings pursuant to
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`37 C.F.R. § 42.70. IPR2016-00976, Papers 27, 28; IPR2016-00977, Papers 27, 28.
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`Counsel for Patent Owner requested that we reschedule the hearing date due to a
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`conflict. A conference call to discuss Patent Owner’s request was held on
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`May 19, 2017. After that call, the parties met and conferred and provided
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`alternative dates to the Board. We grant the parties’ requests for oral hearing, and
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`we grant Patent Owner’s request to reschedule the hearing.
`
`Please note the time and location of the hearing. The consolidated
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`hearing will commence at 10:00 AM Pacific Time on August 14, 2017, on the
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`3rd floor of the USPTO’s West Coast Regional Office, 26 South 4th Street,
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`San Jose, California. The Board will provide a court reporter for the hearing and
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`the reporter’s transcript will constitute the official record of the hearing. The
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`hearing will be open to the public for in-person attendance that will be
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`accommodated on a first-come, first-served basis. If the parties have any concern
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`about disclosing confidential information, they are to contact the Board at least
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`10 days in advance of the hearing to discuss the matter.
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`Each party will have ninety (90) minutes of total oral argument time.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue in
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`this review are unpatentable. Therefore, Petitioner will open the hearing by
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`presenting its case regarding the challenged claims for which the Board instituted
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`trial. After Petitioner’s presentation, Patent Owner will respond to Petitioner’s
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`argument. Petitioner may reserve rebuttal time to respond to arguments presented
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`by Patent Owner.
`
`2
`
`
`

`

`IPR2016-00976 Patent 6,775,235 B2
`IPR2016-00977 Patent 7,406,048 B2
`
`
`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
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`deposition testimony must file such testimony as an exhibit. The Board will not
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`consider any deposition testimony that has not been so filed. Furthermore, under
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`37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least seven business
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`days before the hearing date. The parties also shall provide a courtesy copy of any
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`demonstrative exhibits to the Board at least five business days prior to the hearing
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`by emailing them to Trials@uspto.gov. The parties shall not file any
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`demonstrative exhibits in this proceeding without prior authorization from the
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`Board.
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`The parties must file any objections to the demonstratives with the Board at
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`least two business days before the hearing. Any objection to demonstrative
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`exhibits that is not presented timely will be considered waived. The objections
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`should identify with particularity which demonstratives are subject to objection
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`and include a short (one sentence or less) statement of the reason for each
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`objection. No argument or further explanation is permitted. The Board will
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`consider the objections and schedule a conference if deemed necessary.
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`Otherwise, the Board will reserve ruling on the objections until after the oral
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`argument. The parties are directed to St. Jude Medical, Cardiology Division, Inc.
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`v. The Board of Regents of the University of Michigan, Case IPR2013-00041
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`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate content of
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`demonstrative exhibits. No live testimony from any witness will be taken at the
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`oral argument. Any counsel of record may present the party’s argument.
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`Any special requests for audiovisual equipment should be directed to
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`Trials@uspto.gov. Requests for special equipment will not be honored unless
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`presented in a separate communication not less than seven business days before
`
`the hearing, directed to the above email address.
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`3
`
`
`

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`4
`
`
`IPR2016-00976 Patent 6,775,235 B2
`IPR2016-00977 Patent 7,406,048 B2
`
`
`
`PETITIONER:
`
`Andy Chan
`chana@pepperlaw.com
`
`Charles Koch
`kochc@pepperlaw.com
`
`
`
`PATENT OWNER:
`
`Robert Mattson
`cpdocketmattson@oblon.com
`
`Sameer Gokhale
`cpdocketgokhale@oblon.com
`
`
`