Trials@uspto.gov
`Tel: 571.272.7822
`
`Paper 30
`Entered: February 28, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00391
`Patent 7,647,633 B2
`____________
`
`
`Before THOMAS L. GIANNETTI, MIRIAM L. QUINN, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70(a)
`
`
`Tel: 571.272.7822
`
`Paper 30
`Entered: February 28, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00391
`Patent 7,647,633 B2
`____________
`
`
`Before THOMAS L. GIANNETTI, MIRIAM L. QUINN, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70(a)
`
`
`
`IPR2018-00391
`Patent 7,647,633 B2
`
`
`In the above-identified proceeding, we instituted inter partes review
`(Paper 7) and issued a Scheduling Order (Paper 8), which sets an oral
`hearing date to March 6, 2019, if oral hearing is requested by either party
`and granted by the Board. Pursuant to 37 C.F.R. § 42.70. Our Scheduling
`Order further identified the Texas Regional Office as one of the possible
`locations for the hearing. Paper 8, 4. Both parties requested an oral hearing
`in this case. Papers 20, 21. The request for oral argument is granted.
`The hearing for this case will commence at 12 PM Central Time, on
`March 6, 2019, and will be conducted at the Texas Regional Office of the
`United States Patent and Trademark Office, 207 South Houston St.,
`Suite 159, Dallas, Texas 75202.1 The parties are advised that the hearing
`room has limited seating. The hearing will be open to the public for in-
`person attendance that will be accommodated on a first-come first-served
`basis.
`Each party will have forty five (45) minutes of total time to present
`arguments for this proceeding. Because Petitioner bears the ultimate burden
`of proof that the challenged claims are unpatentable, Petitioner will proceed
`first to present its case as to the challenged claims and instituted grounds of
`unpatentability in this proceeding, and may reserve a small portion of its
`time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s case.
`After that, Petitioner may use the rest of its time for its rebuttal, responding
`to Patent Owner’s specific arguments presented at the oral hearing. If Patent
`Owner has reserved time for rebuttal and up to the time remaining, Patent
`
`
`1 See https://www.uspto.gov/about-us/uspto-locations/dallas-tx/dallas-texas
`for additional information.
`
`2
`
`
`
`IPR2018-00391
`Patent 7,647,633 B2
`
`Owner may present sur-rebuttal argument. No live testimony from any
`witness will be taken at the oral hearing.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days prior to the hearing. The parties shall confer with
`each other 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.
`Demonstrative exhibits are not evidence, but merely a visual aid at the
`oral hearing. The Board expects the parties will meet and confer in good
`faith to resolve any objections to demonstrative exhibits. For any issue 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 short sentence) of the reason for each objection. No argument or further
`explanation is permitted.
`We will consider the objections and schedule a conference call, if
`necessary. Otherwise, we will reserve ruling on the objections until the
`hearing or after the hearing. 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)
`referenced during each hearing to ensure the clarity and accuracy of the
`reporter’s transcript. The parties also should note that several judges will be
`
`3
`
`
`
`IPR2018-00391
`Patent 7,647,633 B2
`
`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 Dallas, may not be visible to the remote judges.
`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 the 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
`hearing, 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, and the reporter’s transcript
`will constitute the official record of the hearing. The oral hearing transcript
`will be entered in the record of the proceeding.
`Requests for audio-visual equipment 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 may
`not be available on the day of the hearing.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2018-00391
`Patent 7,647,633 B2
`
`
`PETITIONER:
`
`Patrick D. McPherson
`Patrick Muldoon
`Joseph A. Powers
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
`PCMuldoon@duanemorris.com
`JAPowers@duanemorris.com
`
`PATENT OWNER:
`
`James Hannah
`Jeffrey H. Price
`Michael Lee
`KRAMER LEVIN NAFTALS & FRANKEL LLP
`jhannah@kramerlevin.com
`jprice@kramerlevin.com
`mhlee@karamerlevin.com
`
`
`5
`
`
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