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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`CLOUDFLARE, INC. and
`SPLUNK INC.,
`Petitioner,
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`v.
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`SABLE NETWORKS, INC.,
`Patent Owner
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`____________
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`Case IPR2021-009091
`Patent 8,243,593
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`____________
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`PATENT OWNER SABLE NETWORKS, INC’S
`REQUEST FOR ORAL ARGUMENT
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`1 Splunk, Inc., which filed a petition in IPR2022-00228, has been joined as a
`petitioner in this proceeding.
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`Pursuant to 37 C.F.R. § 42.70 and the Board’s Scheduling Order (Paper 17),
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`Sable Networks, Inc. (“Patent Owner”) respectfully requests oral argument, as
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`currently scheduled for September 7, 2022.
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`Reservation of Time: Patent Owner requests an opportunity to reserve sur-
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`rebuttal time to respond to rebuttal arguments by Petitioner, and an opportunity to
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`provide a closing statement. Compare, e.g., Mangrove Partners Master Fund, Ltd.
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`et al. v. VirnetX, Inc., IPR2015-01046/01047, Paper 60, 2 (PTAB Jun. 2, 2016)
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`(“Both parties may reserve some of their argument time for rebuttal, and Patent
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`Owner will be afforded an opportunity to provide a closing statement along with
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`any rebuttal.”). Patent Owner requests 45 minutes of total time for each side.
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`Issues for Argument: Without waiving any issue not specifically identified,
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`Patent Owner specifies at least the following issues it may discuss at argument:
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`• Issues related to the instituted grounds (i.e., that claims 17, 18, 37, 38 are not
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`obvious over Yung, that claims 9-13, 19-24, 29-33, 39-44 are not obvious
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`over Yung in view of Copeland, and that claim 3 is not obvious over Yung
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`and Four-Steps Whitepaper), including, for example, claim construction,
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`anticipation, obviousness, motivation to combine, and reasonable
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`expectation of success;
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`• The timeliness of the arguments raised by Petitioner in the proceedings;
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`• Any motion to exclude filed by the parties;
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`• Any other relevant issues raised in papers filed in this proceeding, including
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`issues raised in papers yet to be filed; and
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`• Any other issues that the Board deems necessary for issuing a Final Written
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`Decision, including any questions, rebuttals, or arguments that may arise
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`during the oral argument.
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`The Board’s advance guidance is respectfully solicited as to any questions
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`the Board specifically wishes to be addressed.
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`Equipment: Patent Owner requests the ability to use a computer, projector,
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`and screen to display possible demonstratives and exhibits.
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`Respectfully submitted,
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`/Kenneth J. Weatherwax/
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`Kenneth J. Weatherwax, Reg. No. 54,528
`LOWENSTEIN & WEATHERWAX LLP
`Date: July 8, 2022
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that the following documents were served
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`by electronic service, by agreement between the parties, on the date below:
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`PATENT OWNER SABLE NETWORKS, INC’S
`REQUEST FOR ORAL ARGUMENT
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`The names and address of the parties being served are as follows:
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`jday@fbm.com,
`dcallaway@fbm.com,
`wliaw@fbm.com
`calendar@fbm.com
`ayap@mofo.com
`marjomand@mofo.com
`roselee@mofo.com
`SPLUNK-SABLE-IPR@mofo.com
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`
`James L. Day
`Daniel Callaway
`Winston Liaw
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`Alex S. Yap
`Mehran Arjomand
`Rose S. Lee
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`Respectfully submitted,
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`/Colette Woo/
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`Date: July 8, 2022
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