`Tel: 571-272-7822
`
`
`Paper 39
`Entered: January 10, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner
`v.
`PATRICK ZUILI,
`Patent Owner.
`____________
`
`Case CBM2016-00022
`Patent 8,326,763 B2
`____________
`
`
`
`Before JAMESON LEE, GLENN J. PERRY, and MIRIAM L. QUINN,
`Administrative Patent Judges.
`
`LEE, Administrative Patent Judge.
`
`
`
`
`Conduct of Proceedings
`Notice of Not Having Trial Hearing
`37 C.F.R. §§ 42.5, 42.70
`
`
`
`
`
`
`
`
`
`
`CBM2016-00022
`Patent 8,326,763 B2
`
`
`On June 1, 2016, we instituted trial. Paper 11. In a Scheduling Order,
`
`we set December 22, 2016, as the due date for the parties to request oral
`
`argument. Paper 12. Neither party filed a request for oral argument by
`
`December 22, 2017. Petitioner, however, filed a Request for Oral Hearing
`
`on December 23, 2016. Paper 34. In a telephone conference call held on
`
`January 9, 2017, Patent Owner confirmed that it did not request oral
`
`argument and stated that it does not want to have oral argument in this
`
`proceeding. In the same telephone conference call, Petitioner requested
`
`authorization to file a Motion to Excuse Lateness in Filing Request for Oral
`
`Argument, under 37 C.F.R. 42.5(c)(3). We authorized Petitioner to file such
`
`a motion, by January 12, 2017. Paper 38.
`
`On January 10, 2017, Petitioner sent an email communication to the
`
`Board, informing the Board and Patent Owner that “Petitioner will not be
`
`filing a motion to excuse late filing of Paper 34 under 37 CFR 42.5(c)(3).”
`
`The email communication has been entered as Exhibit 3006.
`
`Under the circumstances of this case, it is
`
`ORDER
`
`ORDERED that no oral argument will be held in this proceeding; and
`
`FURTHER ORDERED that we will proceed to render a Final Written
`
`Decision without having oral argument.
`
`
`
`
`
`2
`
`
`
`CBM2016-00022
`Patent 8,326,763 B2
`
`Counsel for Petitioner:
`
`Saqib Siddiqui
`ssiddiqui@mayerbrown.com
`
`
`Patent Owner (pro se):
`
`Patrick Zuili
`patrick@tenderbox.tv
`
`3
`
`
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