Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 69
`Entered: September 5, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORP., CAVIUM, INC., DELL INC., and
`WISTRON COPORATION,
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-013911 (Patent 7,237,036 B2)
`Case IPR2017-01392 (Patent 7,337,241 B2)
`Case IPR2017-01406 (Patent 7,673,072 B2)
`____________
`
`INTEL CORP., CAVIUM, INC., and DELL INC.,
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`
`
`1 Cavium, Inc., which filed petitions in Cases IPR2017-01707, IPR2017-
`01718, and IPR2017-01728; Dell Inc., which filed petitions in Cases
`IPR2018-00371, IPR2018-00372, and IPR2018-00375; and Wistron
`Corporation, which filed petitions in Cases IPR2018-00327, IPR2018-
`00328, and IPR2018-00329, have been joined as petitioners in IPR2017-
`01391, IPR2017-01392, and IPR2017-01406.
`
`
`571-272-7822
`
`
`
`
`Paper 69
`Entered: September 5, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORP., CAVIUM, INC., DELL INC., and
`WISTRON COPORATION,
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2017-013911 (Patent 7,237,036 B2)
`Case IPR2017-01392 (Patent 7,337,241 B2)
`Case IPR2017-01406 (Patent 7,673,072 B2)
`____________
`
`INTEL CORP., CAVIUM, INC., and DELL INC.,
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`
`
`1 Cavium, Inc., which filed petitions in Cases IPR2017-01707, IPR2017-
`01718, and IPR2017-01728; Dell Inc., which filed petitions in Cases
`IPR2018-00371, IPR2018-00372, and IPR2018-00375; and Wistron
`Corporation, which filed petitions in Cases IPR2018-00327, IPR2018-
`00328, and IPR2018-00329, have been joined as petitioners in IPR2017-
`01391, IPR2017-01392, and IPR2017-01406.
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`
`Case IPR2017-013932 (Patent 9,055,104 B2)
`Case IPR2017-01405 (Patent 7,124,205 B2)
`Case IPR2017-01409 (Patent 8,131,880 B2)
`Case IPR2017-01410 (Patent 8,131,880 B2)
`____________
`
`
`
`Before STEPHEN C. SIU, DANIEL N. FISHMAN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`
`ORDER3
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`
`2 Cavium, Inc., which filed petitions in Cases IPR2017-01714, IPR2017-
`01735, IPR2017-01736, and IPR2017-01737; and Dell, Inc., which filed
`petitions in Cases IPR2018-00336, IPR2018-00338, IPR2018-00339, and
`IPR2018-00374 have been joined as petitioners in IPR2017-01393,
`IPR2017-01405, IPR2017-01409, and IPR2017-01410.
`3 This order addresses issues that are similar in all identified cases. We
`exercise our discretion to issue one order to be filed in each case. The
`parties are not authorized to use this style heading in subsequent papers.
`
`2
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`
`Petitioner Intel Corporation and Patent Owner Alacritech, Inc. have
`requested an oral hearing in each of the captioned proceedings pursuant to
`37 C.F.R. § 42.70. See IPR2017-01391, Papers 51, 53; IPR2017-01392,
`Papers 55, 57; IPR2017-01393, Papers 46, 47; IPR2017-01405, Papers 53,
`54; IPR2017-01406, Papers 55, 57; IPR2017-01409, Papers 51, 53;
`IPR2017-01410, Papers 51, 53. Petitioner requests 3.5 hours of argument
`time and Patent Owner requests 1.5 hours of argument time per side for a
`combined hearing of all seven cases. See, e.g., IPR2017-01391, Papers 51,
`53.
`
`Although the cases have not been consolidated or joined, we
`determine that they entail overlapping issues such that oral argument will be
`provided in a single hearing to commence at 9:30 am Pacific Time on
`September 13, 2018, on the 3rd floor of the USPTO’s Silicon Valley
`Regional Office, 26 South 4th Street, San Jose, California.4
` Petitioner Intel and Patent Owner Alacritech, Inc. each will have
`ninety minutes of total argument time. The parties may allocate their
`argument time at their discretion over each of the cases. Petitioner will
`proceed first to present its case with regard to the challenged claims.
`Petitioner may reserve some, but not more than one half, of its argument
`time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s case
`
`4 Information concerning the Silicon Valley Regional Office can be found in
`the USPTO website at https://www.uspto.gov/about-us/uspto-
`locations/silicon-valley-california.
`
`3
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`and also may reserve some of its argument time, for sur-rebuttal. Next,
`Petitioner may use any time it has reserved for rebuttal to respond to Patent
`Owner’s specific arguments presented at the hearing. Then, Patent Owner
`may present a brief sur-rebuttal if it has reserved time. No live testimony
`from any witness will be taken at the oral argument.
`The hearing will be open to the public for in-person attendance, to be
`accommodated on a first-come, first-served basis. The parties are advised
`that the hearing room has limited capacity. Therefore, to facilitate access to
`the regional office hearing room, each party is asked to email the Board
`(Trials@uspto.gov), at least five business days prior to the hearing,
`indicating the number of attendees for its side (attorneys and others). If the
`parties have concerns about disclosing confidential information, they are
`requested to contact the Board at least ten business days in advance of the
`hearing to discuss the matter.
`Any demonstrative exhibits shall be served at least five business days
`before the hearing. The parties shall confer regarding any objections to
`demonstrative exhibits, and file demonstrative exhibits with the Board, as a
`separate exhibit in accordance with 37 C.F.R. § 42.63, at least three business
`days prior to the hearing.
`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. The parties are directed to St.
`Jude Medical, Cardiology Division, Inc. v. Board of Regents of the
`
`4
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`University of Michigan, Case IPR2013-00041, slip op. 2–5 (PTAB Jan. 27,
`2014) (Paper 65), and CBS Interactive Inc. v. Helferich Patent Licensing,
`LLC, Case IPR2013-00033, slip op. at 2–4 (PTAB Oct. 23, 2013) (Paper
`118), for guidance regarding the appropriate content of demonstrative
`exhibits. For any issue regarding the proposed demonstrative exhibits that
`cannot be resolved after conferring with the opposing party, the parties may
`file jointly a one-page list of objections at least three business days prior to
`the hearing. The list should identify with particularity which demonstrative
`exhibits are subject to objection and include a short statement (no more than
`one concise sentence) of the reason for each objection. No argument or
`further explanation is permitted. We will consider the objections and may
`schedule a conference call, if necessary, to discuss them. Typically,
`however, we reserve ruling on the objections until the hearing or ruling is
`necessary to resolve the dispute. Any objection to demonstrative exhibits
`that is not presented timely will be considered waived. Each party also shall
`provide a hard copy of its demonstrative exhibits to the court reporter at the
`hearing.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number and
`by content) referenced during each hearing to ensure the clarity and accuracy
`of the reporter’s transcript. Further, because a consolidated hearing will be
`conducted for three proceedings, if an argument and/or evidence applies
`only to a particular proceeding or proceedings, the presenter must identify
`
`5
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`the proceeding or proceedings, to which that argument and/or evidence
`applies. The parties also should note that Judges Siu and Fishman will be
`attending electronically and will only have access to the courtesy copy of the
`demonstratives provided in advance, as referenced above. If a
`demonstrative is not made available to the Board in the manner indicated
`above, that demonstrative may not be available to each of the judges during
`the hearing and may not be considered. Further, images projected using
`audio visual equipment in San Jose will not be visible to Judges Siu and
`Fishman. Because of limitations on the audio transmission systems in our
`hearing rooms, the presenter may speak only when standing at the hearing
`room podium. 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 at oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If lead counsel for either party is unable to attend the oral
`argument, the Board should be notified via a joint telephone conference call
`no later than five business days prior to the oral hearing to discuss the
`matter.
`The Board will provide a court reporter for each hearing, and the
`reporter’s transcript will constitute the official record of the hearing. The
`reporter’s transcript will be entered in the record of the proceedings.
`
`6
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`
`Requests for audio-visual equipment or special accommodations at the
`hearing are to be made five days in advance of the hearing date. The
`requests must be sent to Trials@uspto.gov. If the requests are not received
`timely, equipment or accommodations may not be available on the day of
`the hearing.
`
`7
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`PETITIONER:
`
`Garland Stephens
`Adrian Percer
`Jeremy Lang
`WEIL, GOTSHAL & MANGES LLP
`garland.stephens@weil.com
`adrian.percer@weil.com
`jason.lang@weil.com
`
`Christopher TL Douglas
`Kirk Bradley
`ALSTON & BIRD LLP
`christopher.douglas@alston.com
`kirk.bradley@alston.com
`
`Benjamin E. Weed
`Erik J. Halverson
`K&L GATES LLP
`benjamin.weed.ptab@klgates.com
`erik.halverson@klgates.com
`
`Patrick McPherson
`David Xue
`Karineh Khachatourian
`DUANE MORRIS LLP
`pdmcpherson@duanemorris.com
`dtxue@duanemorris.com
`karinehk@duanemorris.com
`
`
`
`
`
`
`8
`
`
`
`IPR2017-01391 (Patent 7,237,036 B2)
`IPR2017-01392 (Patent 7,337,241 B2)
`IPR2017-01393 (Patent 9,055,104 B2)
`IPR2017-01405 (Patent 7,124,205 B2)
`IPR2017-01406 (Patent 7,673,072 B2)
`IPR2017-01409 (Patent 8,131,880 B2)
`IPR2017-01410 (Patent 8,131,880 B2)
`
`PATENT OWNER:
`
`James M. Glass
`Joseph M. Paunovich
`Brian E. Mack
`QUINN EMANUEL URQUHART & SULLIVAN, LLP
`jimglass@quinnemanuel.com
`joepaunovich@quinnemanuel.com
`brianmack@quinnemanuel.com
`
`9
`
`
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