`571-272-7822
`
`Paper No. 25
`Entered: April 4, 2018
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`VIPTELA, INC.,
`Petitioner,
`
`v.
`
`FATPIPE NETWORKS INDIA LIMITED,
`Patent Owner.
`_______________
`
`Case IPR2017-00684
`Patent 6,775,235 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
`
`
`
`
`
`IPR2017-00684
`Patent 6,775,235 B2
`
`
`
`
`
`The Scheduling Order (Paper 10) for this proceeding provided that an oral
`hearing would be conducted on April 20, 2018, if the hearing is requested by the
`parties and granted by the Board. Petitioner and Patent Owner requested oral
`hearing pursuant to 37 C.F.R. § 42.70. Papers 23, 24. The requests for oral
`hearing are granted.
`Please note the time and location of the hearing. The hearing will
`commence at 1:00 PM Eastern Time on April 20, 2018, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. 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 will be open to the public for in-
`person attendance that 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 10 days in advance of the hearing to discuss the matter.
`Each party will have sixty (60) minutes of total oral argument time.
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue in
`this review are unpatentable. Therefore, Petitioner will open the hearing by
`presenting its case regarding the challenged claims for which the Board instituted
`trial. After Petitioner’s presentation, Patent Owner will respond to Petitioner’s
`argument. Petitioner may reserve rebuttal time to respond to arguments presented
`by Patent Owner.
`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. Furthermore, under
`37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least seven
`business days before the hearing date. The parties also shall provide a courtesy
`copy of any demonstrative exhibits to the Board at least five business days prior
`
`2
`
`
`
`
`IPR2017-00684
`Patent 6,775,235 B2
`
`
`
`to the hearing by emailing them to Trials@uspto.gov. The parties shall not file any
`demonstrative exhibits in this proceeding without prior authorization from the
`Board.
`The parties must file any objections to the demonstratives with the Board at
`least two business days before the hearing. Any objection to 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, Case IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits. No live testimony from any witness will be taken at the
`oral argument.
`The Board expects lead counsel for the parties to be present in person at the
`oral hearing. Any counsel of record, however, may present the party’s argument.
`If either party expects that its lead counsel will not be attending the oral argument,
`it 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 special requests for audiovisual 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 seven business days before
`the hearing, directed to the above email address.
`
`
`3
`
`
`
`
`
`
`
`
`IPR2017-00684
`Patent 6,775,235 B2
`
`PETITIONER:
`Robert Hilton
`rhilton@mcguirewoods.com
`
`George Davis
`gdavis@mcguirewoods.com
`
`PATENT OWNER:
`Robert Mattson
`cpdocketmattson@oblon.com
`
`Sameer Gokhale
`cpdocketgokhale@oblon.com
`
`4
`
`
`
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