`
`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 September 8, 2017 (IPR2017-
`
`00806, Paper 20) and the Board’s Order regarding Consolidation and Coordination;
`
`Conduct of Proceedings dated September 8, 2017 (IPR2017-00806, Paper 19)
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`(“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
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`respective proceeding.
`
`I.
`
`PETITIONERS’ POSITION REGARDING ORAL HEARING IN THE
`CONSOLIDATED PROCEEDINGS
`In its Consolidation Order, the Board determined that resolving disputes
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`related to any oral hearing was premature. Consolidation Order, p.5. The Board
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`ordered the parties to “set forth their positions regarding the conduct of the oral
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`hearing at the time they file formal requests for oral argument.”
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`Petitioners submit that one consolidated oral hearing for proceedings
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`IPR2017-00176 (including consolidated IPR2017-00806) and IPR2017-00179
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`(including consolidated IPR2017-00808) is appropriate. 2 While many issues
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`overlap between these two proceedings, the issues raised in these two respective
`
`proceedings have some material differences. After conferring with the parties in the
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`2 A similar request is being filed concurrently in IPR2017-00179.
`
`
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`various proceedings, Petitioners and Patent Owner agree that, given the overlap in
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`issues among the four IPR proceedings concerning the ’506 and ’728 patents, only
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`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-
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`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
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`Consolidation Order.
`
`
`
`IPR2017-00557 is currently set for oral hearing on February 20, 2018 and the
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`remainder of the proceedings3 are set for oral hearing on February 26, 2018. For
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`convenience and “the just, speedy, and inexpensive resolution of” these proceedings,
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`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
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`occur on February 20, 2018 (i.e., one oral argument for IPR2017-00557, and a
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`second, separate oral argument to cover IPR2017-00176, IPR2017-00179, IPR2017-
`
`00806, and IPR2017-00808). Patent Owner and all Petitioners in the above-
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`identified IPRs have indicated that they agree to this request and intend to file a
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`substantially similar request in their respective proceedings.
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`If the Board cannot accommodate this request, Petitioners will be prepared to
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`proceed on the originally-scheduled hearing date of February 26, 2018.
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`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
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`matters:
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`3 That is proceedings IPR2017-00176, IPR2017-00806, IPR2017-00179, and
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`IPR2017-00808, which Petitioners submit can be addressed in one consolidated
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`hearing.
`
`
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`1. Whether claims 104 and 105 of the ’506 patent are unpatentable under
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`35 U.S.C. § 103(a) in view of Franaszek, Hsu, and Sebastian; and
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`2. any other matter that is the subject of a ground instituted for trial or
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`matter pending before the Board at the time of the oral hearing.
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`IV. REQUEST FOR USE OF AUDIO/VISUAL EQUIPMENT
`Petitioner requests the ability to use audio/visual equipment to display
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`demonstrative exhibits, including the use of a projector and screen for a PowerPoint
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`display.
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`* * * * *
`
`
`
`Dated: January 22, 2018
`
`Respectfully submitted,
`
`BAKER BOTTS L.L.P.
`
`/Eliot D. Williams/
`Eliot D. Williams (Reg. No. 50,822)
`1001 Page Mill Road, Bld. 1, Suite 200
`Palo Alto, California 94304-1007
`650.739.7511
`
`Jamie R. Lynn (Reg. No. 63,666)
`The Warner
`1299 Pennsylvania Ave., NW
`Washington, D.C. 20004
`202.639.7700
`
`Ali Dhanani (Reg. No. 66,233)
`Michelle J. Eber (Reg. No. 67,338)
`One Shell Plaza
`910 Louisiana St.
`Houston, TX 77002
`713.229.1234
`
`Attorneys for Petitioner, Teradata
`Operations, Inc.
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that on
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`January 22, 2018, a complete and entire copy of the “PETITIONER’S REQUEST
`
`FOR ORAL ARGUMENT” was served electronically via e-mail on the following
`
`counsel of record for Patent Owner:
`
`Lead Counsel
`
`William P. Rothwell - william@noroozipc.com
`
`Back-up Counsel
`
`Kayvan Noroozi - kayvan@noroozipc.com
`
`Dated: January 22, 2018
`
`Respectfully submitted,
`
`/Eliot D. Williams/
`Eliot D. Williams (Reg. No. 50,822)
`BAKER BOTTS L.L.P.
`1001 Page Mill Road, Bld. 1, Suite 200
`Palo Alto, California 94304-1007
`650.739.7510
`
`Lead Counsel for Petitioner Teradata
`Operations, Inc.
`
`