`571-272-7822
`Entered: August 14, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ORACLE AMERICA INC., ORACLE CORPORATION, and
`HCC INSURANCE HOLDINGS, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES I LLC,
`Patent Owner.
`
`
`Case IPR2016-01434
`Patent 7,516,177 B2
`____________
`
`
`Before MICHAEL W. KIM, STACEY G. WHITE, and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-01434
`Patent 7,516,177 B2
`
`
`Intellectual Ventures I LLC (“Patent Owner”) and Oracle America Inc.,
`Oracle Corporation, and HCC Insurance Holdings, Inc. (collectively “Petitioner”)
`each request oral hearing pursuant to 37 C.F.R. § 42.70. Papers 41, 43. Upon
`consideration, the requests for oral hearing are granted.
`The hearing shall commence at 1:00 PM Eastern Time on September 11,
`2017, on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The hearing will be open to the public for in-person attendance that will
`be accommodated on a first-come, first-served basis. The Board will provide a
`court reporter for the hearing and the reporter’s transcript will constitute the
`official record of the hearing.
`Each party will have forty-five (45) minutes of total time to present
`arguments. Petitioner bears the ultimate burden of proof that the claims at issue
`are unpatentable. Therefore, Petitioner will open the hearing by presenting its case
`regarding the challenged claims for which the Board instituted trial. Patent Owner
`then will have the entirety of their allotted time to respond to Petitioner’s
`presentation. Petitioner may reserve rebuttal time to respond to Patent Owner’s
`arguments only.
`At least seven (7) business days prior to the hearing, each party shall serve
`on the other party any demonstrative exhibit(s) it intends to use during the hearing.
`See 37 C.F.R. § 42.70(b). At least two (2) business days prior to the hearing, the
`parties shall file the demonstrative exhibits with the Board. See id. The parties
`should attempt to work out any objections to demonstratives prior to involving the
`Board. The parties must initiate a conference call with the Board at least three (3)
`business days before the hearing to present any objection regarding the propriety of
`any demonstrative exhibit. Any objection to demonstrative exhibits that is not
`timely presented will be considered waived. The Board asks the parties to confine
`
`2
`
`
`
`IPR2016-01434
`Patent 7,516,177 B2
`
`demonstrative exhibit objections to those identifying egregious violations that are
`prejudicial to the administration of justice. The parties are directed to St. Jude
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University of
`Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for guidance
`regarding the appropriate content of demonstrative exhibits.
`The parties are reminded that each presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number) referenced
`during the hearing to ensure the clarity and accuracy of the reporter’s transcript.
`The parties also should note that at least one member of the panel may be attending
`the hearing electronically from a remote location, and that if a demonstrative is not
`filed or otherwise made fully available or visible to all judges at the hearing, that
`demonstrative will not be considered. If the parties have questions as to whether
`demonstrative exhibits would be sufficiently visible and available to all of the
`judges, the parties are invited to contact the Board at (571) 272-9797.
`The Board expects lead counsel for each party to be present in person at the
`hearing. If a party anticipates that its lead counsel will not be attending the oral
`argument, the parties should initiate a joint telephone conference with the Board no
`later than two business days prior to the oral hearing to discuss the matter. Any
`counsel of record, however, may present the party’s argument.
`Requests for audio-visual equipment are to be made at least five business
`days in advance of the hearing date by sending the request to Trials@uspto.gov. If
`the request is not received timely, the equipment may not be available on the day
`of the hearing.
`
`
`
`
`
`3
`
`
`
`IPR2016-01434
`Patent 7,516,177 B2
`
`PETITIONER:
`
`Karen Younkins
`Michael De Vries
`KIRKLAND & ELLIS LLP
`karen.younkins@kirkland.com
`michael.devries@kirkland.com
`
`Nate Rees
`NORTON ROSE FULBRIGHT US LP
`nate.rees@nortonrosefulbright.com
`
`PATENT OWNER:
`
`Brenton Babcock
`Ted M. Cannon
`Scott Raevsky
`David G. Jankowski
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2brb@knobbe.com
`2tmc@knobbe.com
`2sxr@knobbe.com
`2dgj@knobbe.com
`
`Tim Seeley
`James Hietala
`INTELLECTUAL VENTURES I LLC
`tims@intven.com
`jhietala@intven.com
`
`
`
`
`
`
`4
`
`
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