Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 24
`Entered: January 24, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TERADATA OPERATIONS, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00557
`Patent 7,358,867 B2
`____________
`
`
`Before GREGG I. ANDERSON, CHARLES J. BOUDREAU, and
`JASON J. CHUNG, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`571-272-7822
`
`
`
`
`Paper 24
`Entered: January 24, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TERADATA OPERATIONS, INC.,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00557
`Patent 7,358,867 B2
`____________
`
`
`Before GREGG I. ANDERSON, CHARLES J. BOUDREAU, and
`JASON J. CHUNG, Administrative Patent Judges.
`
`ANDERSON, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`IPR2017-00557
`Patent 7,358,867
`
`
`Teradata Operations, Inc. (“Petitioner”) and Realtime Data LLC
`(“Patent Owner”) have requested an Oral Hearing in the above captioned
`matter. Papers 22, 23. The requests are granted.
`The Oral Hearing in the above captioned matter will commence at
`1:00 PM Eastern Time, on Tuesday, February 20, 2018, in Hearing Room
`B, 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, 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. The hearing transcript will be
`entered in the record of each case.
`Both parties request 45 minutes of argument for each party if this
`hearing is coordinated with the hearings in IPR2017-00176 and IPR2017-
`00806 (challenging U.S. Patent 7,161,506) and IPR2017-00179 and IR2017-
`00808 (challenging U.S. Patent 9,054,728 B2), all currently set for February
`26, 2018. Paper 22, 2–3; Paper 23, 2–3. Although the proceedings are
`coordinated, each party will have thirty minutes of argument, which is
`sufficient for each party to present its arguments.
`Petitioner bears the burden of proof to show the unpatentability of the
`challenged patent claims. Therefore, Petitioner will proceed first with
`respect to the particular instituted grounds. Patent Owner then will respond
`to Petitioner. Thereafter, Petitioner may use any reserved rebuttal time to
`address Patent Owner’s response.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing. The parties may refer to St.
`
` 2
`
`
`
`
`
`
`
`IPR2017-00557
`Patent 7,358,867
`
`Jude Medical, Cardiology Division, Inc. v. Board of Regents of the
`University of Michigan, IPR2013-00041, slip op. 2–5 (PTAB Jan. 27, 2014)
`(Paper 65), regarding the appropriate content of demonstrative exhibits. The
`parties shall meet and confer to discuss and resolve any objections to
`demonstrative exhibits. If any issues regarding demonstratives remain
`unresolved after the parties meet and confer, the parties shall file jointly a
`one-page list of objections to the demonstrative exhibits at least three
`business days before the hearing. For each objection, the list must identify
`with particularity the demonstratives subject to the objection and include a
`short, one-sentence statement explaining the objection. The panel will
`consider the objections and schedule a conference call if necessary.
`Otherwise, rulings on the objections will be reserved until the hearing or
`after the hearing. Any objection to demonstrative exhibits not presented
`timely will be considered waived. The parties are not authorized to file their
`demonstratives unless instructed by the Board. The parties are reminded
`that the demonstrative exhibits presented in this case are not evidence and
`are intended only to assist the parties in presenting their oral argument to the
`panel.
`Notwithstanding 37 C.F.R. § 42.70(b), each party also shall email (not
`file) its demonstrative exhibits to Trials@uspto.gov at least two business
`days prior to the hearing. Each party shall provide a hard copy of its
`demonstratives to the court reporter at the hearing. 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. Consequently, the
`parties are reminded that the presenter must identify clearly and specifically
`
` 3
`
`
`
`
`
`
`
`IPR2017-00557
`Patent 7,358,867
`
`each demonstrative exhibit (e.g., by slide or screen number) referenced
`during the hearing to ensure the clarity and accuracy of the transcript.
`The Board normally expects lead counsel for each party to be present
`at hearings, although any backup counsel may make the actual presentation,
`in whole or in part. Requests for audio-visual equipment must be made by
`e-mail at least five days in advance of the hearing date to Trials@uspto.gov,
`else the equipment may be unavailable.
`Accordingly, it is ORDERED that the Oral Hearing shall commence
`at 1:00 PM Eastern Time, on Tuesday February 20, 2018, in Hearing
`Room B, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia.
`
`
`
`
`
`
`
` 4
`
`
`
`
`
`
`
` 5
`
`
`
`
`
`IPR2017-00557
`Patent 7,358,867
`
`PETITIONER:
`
`Eliot D. Williams
`Jamie R. Lynn
`Ali Dhanani
`BAKER BOTTS L.L.P.
`eliot.williams@bakerbotts.com
`jamie.lynn@bakerbotts.com
`ali.dhanani@bakerbotts.com
`
`PATENT OWNER:
`
`William P. Rothwell
`Kayvan B. Noroozi
`NOROOZI PC
`william@noroozipc.com
`kayvan@noroozipc.com
`
`
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