Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 12
`Entered: January, 25 2018
`
`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,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00176 (Patent 7,161,506 C2)1
`Case IPR2017-00179 (Patent 9,054,728 B2)2
`____________
`
`
`Before JASON J. CHUNG, SCOTT C. MOORE, SHEILA F. MCSHANE,
`and KAMRAN JIVANI Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 Case IPR2017-00806 has been consolidated with IPR2017-00176. Case
`IPR2017-01688 has been joined with IPR2017-00176. The panel for these
`three cases consists of Judges Chung, Moore, and MCShane. For purposes
`of this order, we refer to paper numbers from IPR2017-00176. The parties
`are not permitted to use this caption.
`2 Case IPR2017-00808 has been consolidated with IPR2017-00179. Case
`IPR2017-01690 has been joined with IPR2017-00179. The panel for these
`three cases consists of Judges Chung, Moore, and Jivani.
`
`
`571-272-7822
`
`
`
`
`Paper 12
`Entered: January, 25 2018
`
`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,
`Petitioner,
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00176 (Patent 7,161,506 C2)1
`Case IPR2017-00179 (Patent 9,054,728 B2)2
`____________
`
`
`Before JASON J. CHUNG, SCOTT C. MOORE, SHEILA F. MCSHANE,
`and KAMRAN JIVANI Administrative Patent Judges.
`
`CHUNG, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 Case IPR2017-00806 has been consolidated with IPR2017-00176. Case
`IPR2017-01688 has been joined with IPR2017-00176. The panel for these
`three cases consists of Judges Chung, Moore, and MCShane. For purposes
`of this order, we refer to paper numbers from IPR2017-00176. The parties
`are not permitted to use this caption.
`2 Case IPR2017-00808 has been consolidated with IPR2017-00179. Case
`IPR2017-01690 has been joined with IPR2017-00179. The panel for these
`three cases consists of Judges Chung, Moore, and Jivani.
`
`
`
`Case IPR2017-00176 (Patent 7,161,506 C2)
`Case IPR2017-00179 (Patent 9,054,728 B2)
`
`
`Teradata Operations, Inc. (“Petitioner”) and Realtime Data LLC
`(“Patent Owner”) request an Oral Hearing in the above captioned matters.
`Papers 35, 36. Petitioner also requests moving the hearing date from
`February 26, 2018 to February 20, 2018. Paper 35, 4. The requests are
`granted.
`The Oral Hearing in the above-captioned matters will commence at
`approximately 2:15 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. We will enter the
`hearing transcript in the record of each case.
`Both parties request 45 minutes of argument for each side cumulative
`for all six proceedings listed in footnotes 1 and 2 supra. Paper 35, 2–3;
`Paper 36, 2–3. Accordingly, each party will have forty-five minutes of
`argument.
`Petitioner bears the burden of persuasion 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. Jude Medical, Cardiology Division, Inc. v. Board of Regents of the
`University of Michigan, IPR2013-00041, slip op. 2–5 (PTAB Jan. 27, 2014)
`
`2
`
`
`
`Case IPR2017-00176 (Patent 7,161,506 C2)
`Case IPR2017-00179 (Patent 9,054,728 B2)
`
`(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. 37 C.F.R. § 42.5.
`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.
`Each party also shall email 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 each demonstrative exhibit
`(e.g., by slide or screen number) referenced during the hearing to ensure the
`clarity and accuracy of the transcript.
`Because argument on the cases listed in footnotes 1 and 2 will be
`
`3
`
`
`
`Case IPR2017-00176 (Patent 7,161,506 C2)
`Case IPR2017-00179 (Patent 9,054,728 B2)
`
`heard together, all four judges listed in footnotes 1 and 2 will participate in
`the oral hearing. The presence of four judges is not an indication of an
`expanded panel. Rather, each judge will decide only the cases noted.
`The Board expects lead counsel for each party to be present at the
`hearing, 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 approximately 2:15 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
`
`
`
`Case IPR2017-00176 (Patent 7,161,506 C2)
`Case IPR2017-00179 (Patent 9,054,728 B2)
`
`PETITIONER:
`
`Lisa Nguyen
`Bob Steinberg
`LATHAM & WATKINS LLP
`lisa.nguyen@lw.com
`bob.steinberg@lw.com
`
`
`
`PATENT OWNER:
`
`William Rothwell
`Kayvan Noroozi
`NOROOZI PC
`william@noroozipc.com
`kayvan@noroozipc.com
`
`
`5
`
`
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