`
`Doug G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`Payson LeMeilleur (pro hac vice)
`Mark Lezama (pro hac vice)
`Kendall M. Loebbaka (pro hac vice)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, CA 92614
`Tel.:
`(949) 760-0404
`Fax:
`(949) 760-9502
`E-mail: BoxNomadix@knobbe.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`GUEST TEK INTERACTIVE ENTERTAINMENT LTD.,
`Petitioner,
`
`v.
`
`NOMADIX, INC.,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2019-00211
`Patent 7,953,857
`
`
`
`
`
`
`
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`IPR2019-00211
`Patent 7,953,857
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Scheduling Order (Paper 7), Patent
`
`Owner Nomadix, Inc. requests that the Patent Trial and Appeal Board hear oral
`
`argument on the instituted grounds for U.S. Patent No. 7,953,857 and associated
`
`issues, including:
`
`1.
`
`Claims 1 and 9 are not unpatentable in view of Bonomi (Ex. 1004) and
`
`Borella (Ex. 1006);
`
`2.
`
`Claims 1 and 9 are not unpatentable in view of Chandran (Ex. 1005)
`
`and Rupp (Ex. 1007);
`
`3.
`
`Claims 1 and 9 are not unpatentable in view of Teraslinna (Ex. 1008)
`
`and Bonomi (Ex. 1004);
`
`4.
`
`Reply;
`
`5.
`
`Reply to any arguments or evidence raised in Petitioner’s Petition or
`
`Delay of Final Written Decision in view of related litigation concerning
`
`Petitioner’s ability to pursue the present IPR;1
`
`
`1 In Nomadix, Inc. v. Guest Tek Interactive Entertainment Ltd., Case No. 2:19-
`
`cv-04980 (C.D. Cal.), Patent Owner has sought injunctive relief in the Central
`
`District of California in accordance with Dodocase VR, Inc. v. MerchSource, LLC,
`
`767 F. App’x 930 (Fed. Cir. 2019), enjoining Petitioner from pursuing the present
`
`IPR, which Patent Owner contends violates a forum-selection clause in the parties’
`
`-1-
`
`
`
`IPR2019-00211
`Patent 7,953,857
`
`6.
`
`Any other issues that the Board deems necessary to consider for
`
`terminating these proceedings or, in the alterative, issuing a Final Written Decision.
`
`Patent Owner further requests permission to use audiovisual equipment to
`
`display demonstratives and exhibits, including the use of a computer, projector, and
`
`screen.
`
`Patent Owner requests one (1) hour of argument time for each party to address
`
`both the instant IPR and related IPR2019-00253. Patent Owner thus requests the
`
`“ordinary” amount of time as per the update to the Office Patent Trial Practice Guide.
`
`Office Patent Trial Practice Guide, August 2018 Update, 83 Fed. Reg. 39,989 (Aug.
`
`13, 2018) (“The Board expects to ordinarily provide for an hour of argument per side
`
`for a single proceeding, but a party may request more or less time depending on the
`
`circumstances of the case.”). Patent Owner anticipates that approximately three (3)
`
`
`license agreement. Patent Owner’s motion for summary judgment is currently set
`
`for hearing on January 17, 2020. In any event, the case is set for a bench trial on
`
`May 12, 2020. If the Court does not rule on the necessary issues before the deadline
`
`for the Board to issue a Final Written Decision, Nomadix intends to seek permission
`
`from the Board to file a motion to extend the Board’s deadline. Further, Nomadix
`
`intends to seek permission from the Board to terminate the IPR should the Court rule
`
`in Patent Owner’s favor.
`
`-2-
`
`
`
`IPR2019-00211
`Patent 7,953,857
`
`people will attend the oral argument on its behalf.
`
`The Board has previously scheduled the oral argument for February 25, 2020,
`
`see Paper 7.
`
`
`
`Dated: January 14, 2020
`
`
`
`
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`/Kendall M. Loebbaka/
`Douglas G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`Payson LeMeilleur (pro hac vice)
`Mark Lezama (pro hac vice)
`Kendall M. Loebbaka (pro hac vice)
`
`Attorneys for Patent Owner
`NOMADIX, INC.
`
`Customer No. 20995
`(949) 760-0404
`
`-3-
`
`
`
`IPR2019-00211
`Patent 7,953,857
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that, pursuant to 37 C.F.R. § 42.6(e) and with the agreement
`
`of counsel for Petitioner, a true and correct copy of PATENT OWNER’S REQUEST
`
`FOR ORAL ARGUMENT is being served electronically on January 14, 2020, to the
`
`e-mail addresses shown below:
`
`Jeffrey W. Lesovitz
`Baker & Hostetler LLP
`jlesovitz@bakerlaw.com
`
`Steven J. Rocci
`Baker & Hostetler LLP
`srocci@bakerlaw.com
`
`Daniel J. Goettle
`Baker & Hostetler LLP
`dgoettle@bakerlaw.com
`
`Guest-TekIPR@bakerlaw.com
`
`
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`
`
`/Kendall M. Loebbaka/
`Douglas G. Muehlhauser (Reg. No. 42,018)
`William H. Shreve (Reg. No. 35,678)
`Payson LeMeilleur (pro hac vice)
`Mark Lezama (pro hac vice)
`Kendall M. Loebbaka (pro hac vice)
`
`Attorneys for Patent Owner
`NOMADIX, INC.
`
`Dated: January 14, 2020
`
`31977809
`
`-4-
`
`
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