UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`DELL INC.; EMC CORPORATION; HEWLETT-PACKARD
`ENTERPRISE CO.; HP ENTERPRISE SERVICES, LLC; TERADATA
`OPERATIONS, INC.; and VERITAS TECHNOLOGIES, LLC,
`Petitioners,
`
`v.
`
`REALTIME DATA LLC d/b/a IXO,
`Patent Owner.
`
`
`
`Case: IPR2017-001761
`* * * * *
`Case: IPR2017-00806
`
`[Consolidated]
`Patent No. 7,161,506
`
`
`PETITIONERS’ REQUEST FOR ORAL ARGUMENT
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the Patent Review Processing System
`
`
`1 Case IPR2017-01688 has been joined with this proceeding.
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`DELL INC.; EMC CORPORATION; HEWLETT-PACKARD
`ENTERPRISE CO.; HP ENTERPRISE SERVICES, LLC; TERADATA
`OPERATIONS, INC.; and VERITAS TECHNOLOGIES, LLC,
`Petitioners,
`
`v.
`
`REALTIME DATA LLC d/b/a IXO,
`Patent Owner.
`
`
`
`Case: IPR2017-001761
`* * * * *
`Case: IPR2017-00806
`
`[Consolidated]
`Patent No. 7,161,506
`
`
`PETITIONERS’ REQUEST FOR ORAL ARGUMENT
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the Patent Review Processing System
`
`
`1 Case IPR2017-01688 has been joined with this proceeding.
`
`
`
`
`
`Pursuant to the Board’s Scheduling Order dated May 30, 2017 (Paper 20) and
`
`the Board’s Order regarding Consolidation and Coordination; Conduct of
`
`Proceedings dated September 8, 2017 (Paper 28) (“Consolidation Order”), Dell, Inc.,
`
`EMC Corporation, Hewlett Packard Enterprise Co., HP Enterprise Services, LLC,
`
`Teradata Operations, Inc.; and Veritas Technologies, LLC (“Petitioners”),
`
`respectfully request oral argument in their respective proceeding.
`
`I.
`
`PETITIONERS’ POSITION REGARDING ORAL HEARING IN THE
`CONSOLIDATED PROCEEDINGS
`
`In its Consolidation Order, the Board determined that resolving disputes
`
`related to any oral hearing was premature. Consolidation Order, p.5. The Board
`
`ordered the parties to “set forth their positions regarding the conduct of the oral
`
`hearing at the time they file formal requests for oral argument.”
`
`Petitioners submit that one consolidated oral hearing for proceedings
`
`IPR2017-00176 (including consolidated IPR2017-00806) and IPR2017-00179
`
`(including consolidated IPR2017-00808) is appropriate. 2 While many issues
`
`overlap between these two proceedings, the issues raised in these two respective
`
`proceedings have some material differences. After conferring with the parties in the
`
`
`
`2 A similar request is being filed concurrently in IPR2017-00179.
`
`2
`
`
`
`
`
`various proceedings, Petitioners and Patent Owner agree that, given the overlap in
`
`issues among the four IPR proceedings concerning the ’506 and ’728 patents, only
`
`one oral hearing is needed, provided that each side have at least 45 minutes to make
`
`their arguments.
`
`II. REQUEST TO COORDINATE HEARINGS IN MULTIPLE
`MATTERS
`Petitioners note that Patent Owner is a party to multiple inter partes review
`
`proceedings against overlapping Petitioners each of which is scheduled for hearing
`
`in February. See IPR2017-00557 (Petitioner Teradata Operations, Inc.); IPR2017-
`
`00176 (Petitioners Dell Inc., EMC Corporation, Hewlett-Packard Enterprise Co.,
`
`and Veritas Technologies LLC); IPR2017-00806 (Petitioner Teradata Operations,
`
`Inc.); IPR2017-00179 (Petitioners Dell Inc., EMC Corporation, Hewlett-Packard
`
`Enterprise Co., and Veritas Technologies LLC); and IPR2017-00808 (Petitioner
`
`Teradata Operations, Inc.). Several of these proceedings are subject to the
`
`Consolidation Order.
`
`
`
`3
`
`
`
`IPR2017-00557 is currently set for oral hearing on February 20, 2018 and the
`
`remainder of the proceedings3 are set for oral hearing on February 26, 2018. For
`
`convenience and “the just, speedy, and inexpensive resolution of” these proceedings,
`
`37 C.F.R. § 42.1(b), and for the convenience of Patent Owner and Teradata and their
`
`counsel, the parties jointly request that the Board schedule both oral hearings to
`
`occur on February 20, 2018 (i.e., one oral argument for IPR2017-00557, and a
`
`second, separate oral argument to cover IPR2017-00176, IPR2017-00179, IPR2017-
`
`00806, and IPR2017-00808). Patent Owner and all Petitioners in the above-
`
`identified IPRs have indicated that they agree to this request and intend to file a
`
`substantially similar request in their respective proceedings.
`
`If the Board cannot accommodate this request, Petitioners will be prepared to
`
`proceed on the originally-scheduled hearing date of February 26, 2018.
`
`III. MATTERS PETITIONERS WISH TO BE HEARD ON
`Pursuant to 37 C.F.R. § 42.70(a), Petitioner seeks to be heard on the following
`
`matters:
`
`
`
`3 That is proceedings IPR2017-00176, IPR2017-00806, IPR2017-00179, and
`
`IPR2017-00808, which Petitioners submit can be addressed in one consolidated
`
`hearing.
`
`
`
`4
`
`
`
`1. Whether claims 104 and 105 of the ’506 patent are unpatentable under
`
`35 U.S.C. § 103(a) in view of Franaszek, Hsu, and Sebastian; and
`
`2. any other matter that is the subject of a ground instituted for trial or
`
`matter pending before the Board at the time of the oral hearing.
`
`IV. REQUEST FOR USE OF AUDIO/VISUAL EQUIPMENT
`Petitioner requests the ability to use audio/visual equipment to display
`
`demonstrative exhibits, including the use of a projector and screen for a PowerPoint
`
`display.
`
`* * * * *
`
`
`
`5
`
`
`
`
`
`
`
`Dated: January 22, 2018
`
`
`
`
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`(Reg. No. 53,932)
`Lead Counsel for Petitioner in
`IPR2017-00176
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
`
`Garth A. Winn (Reg.
`Reg. No. 33,220)
`garth.winn@klarquist.com
`KLARQUIST SPARKMAN, LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street Portland,
`Oregon 97204
`Tel: (503) 595-5300
` Fax: (503) 595-5301
`
`/Lisa K. Nguyen/
`Lisa K. Nguyen
`(Reg. No. 58,018)
`LATHAM & WATKINS LLP
`140 Scott Drive
`Menlo Park, CA 94025
`Telephone: 650.328.4600
`Facsimile: 650.463.2600
`Email: Lisa.Nguyen@lw.com
`
`Counsel for Petitioner Veritas
`Technologies LLC
`
`
`
`
`
`
`
`
`6
`
`
`
`§ 42.6(e)—CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that on January
`
`22, 2018, I caused to be served a true and correct copy of the foregoing
`
`“PETITIONERS’ REQUEST FOR ORAL ARGUMENT” was served by
`
`electronic mail upon the following counsel for Patent Owner:
`
`
`
`
`
`William P. Rothwell - william@noroozipc.com
`
`Kayvan Noroozi - kayvan@noroozipc.com
`
`
`
`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`(Reg. No. 53,932)
`Lead Counsel for Petitioner in
`IPR2017-00176
`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
`
`7
`
`
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