Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 43
`Entered: August 1, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`JUNIPER NETWORKS, INC., RUCKUS WIRELESS, INC.,
`BROCADE COMMUNICATION SYSTEMS, INC., and NETGEAR, INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2016-01389 (Patent 8,155,012 B2)
`Case IPR2016-01391 (Patent 8,942,107 B2)
`Case IPR2016-01397 (Patent 9,019,838 B2)
`Case IPR2016-01399 (Patent 8,902,760 B2)1
`_______________
`
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`ORDER2
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 The last three above-listed Petitioner parties have been joined to the instant
`proceedings in the order listed by filing a petition respectively in each of
`(now terminated) Cases IPR2017-00790, IPR2017-00718, IPR2017-00720,
`and IPR2017-00719.
`2 This Order will be entered in each proceeding as the caption indicates. The
`parties are not authorized to employ this caption style.
`
`
`571-272-7822
`
`
`
`
`Paper 43
`Entered: August 1, 2017
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`JUNIPER NETWORKS, INC., RUCKUS WIRELESS, INC.,
`BROCADE COMMUNICATION SYSTEMS, INC., and NETGEAR, INC.,
`Petitioner,
`
`v.
`
`CHRIMAR SYSTEMS, INC.,
`Patent Owner.
`_______________
`
`Case IPR2016-01389 (Patent 8,155,012 B2)
`Case IPR2016-01391 (Patent 8,942,107 B2)
`Case IPR2016-01397 (Patent 9,019,838 B2)
`Case IPR2016-01399 (Patent 8,902,760 B2)1
`_______________
`
`
`Before KARL D. EASTHOM, GREGG I. ANDERSON, and
`ROBERT J. WEINSCHENK, Administrative Patent Judges.
`
`EASTHOM, Administrative Patent Judge.
`
`
`ORDER2
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 The last three above-listed Petitioner parties have been joined to the instant
`proceedings in the order listed by filing a petition respectively in each of
`(now terminated) Cases IPR2017-00790, IPR2017-00718, IPR2017-00720,
`and IPR2017-00719.
`2 This Order will be entered in each proceeding as the caption indicates. The
`parties are not authorized to employ this caption style.
`
`
`
`IPR2016-01389 (Patent 8,155,012 B2)
`IPR2016-01391 (Patent 8,942,107 B2)
`IPR2016-01397 (Patent 9,019,838 B2)
`IPR2016-01399 (Patent 8,902,760 B2)
`
`
`Petitioner and Patent Owner each request an Oral Hearing. Papers 43
`and 44.3 We grant the requests.
`The Oral Hearing will commence at 1:00 PM Eastern Time, on
`Thursday, August 31, 2017, in Hearing Room A, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia. The Oral
`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 Oral Hearing. The Oral Hearing transcript will be entered in the
`record of each case.
`These cases present similar issues. As requested, each party will have
`two hours total (for all four cases) to present its position. See Papers 43 and
`44. 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 and challenged claims. Patent
`Owner then will respond to Petitioner and make any arguments regarding its
`Motion to Strike (“Motion”). See Paper 45 (authorizing Motion to Strike).
`Thereafter, Petitioner may use any reserved rebuttal time to address Patent
`Owner’s response and Motion. On rebuttal, Petitioner will be restricted to
`only those matters raised by Patent Owner’s response and Motion. Patent
`Owner may use any reserved time to respond to Petitioner’s arguments
`regarding only the Motion to Strike.
`
`
`3 Paper number citations refer to Case IPR2016-01389. The parties filed
`similar Oral Hearing requests in the other three proceedings.
`
`2
`
`
`
`IPR2016-01389 (Patent 8,155,012 B2)
`IPR2016-01391 (Patent 8,942,107 B2)
`IPR2016-01397 (Patent 9,019,838 B2)
`IPR2016-01399 (Patent 8,902,760 B2)
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven business days before the hearing. The parties shall meet and
`confer to discuss and resolve any objections to demonstrative exhibits. If
`such objections cannot be resolved, the parties must initiate a conference call
`with the Board at least two (2) business days prior to the hearing to resolve
`any objections to demonstrative exhibits. Any objection to demonstrative
`exhibits not timely presented will be considered waived.
`Each party also shall email (not file) its demonstrative exhibits to
`Trials@uspto.gov at least two business days prior to the hearing. A hard
`copy of the demonstratives shall be provided to the court reporter at the
`hearing. See CBS Interactive Inc. v. Wireless Scis. LLC, Case IPR2013-
`00033 (PTAB Oct. 23, 2013) (Paper 118) (for guidance regarding the proper
`content of demonstrative exhibits). Demonstrative exhibits do not constitute
`evidence and may not introduce new evidence or arguments. Instead,
`demonstrative exhibits should cite to evidence in the record.
`Judge Anderson will participate remotely. The presenter must
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`screen number) referenced during the Oral Hearing to ensure the clarity and
`accuracy of the reporter’s transcript and to ensure that each panel member
`accurately tracks the presentation.
`The Board normally expects lead counsel for each party to be present
`at hearings, 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.
`
`3
`
`
`
`IPR2016-01389 (Patent 8,155,012 B2)
`IPR2016-01391 (Patent 8,942,107 B2)
`IPR2016-01397 (Patent 9,019,838 B2)
`IPR2016-01399 (Patent 8,902,760 B2)
`
`
`Accordingly, it is ORDERED that the Oral Hearing shall commence
`at 1:00 PM Eastern Time, on Thursday, August 31, 2017, in Hearing
`Room A, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia.
`
`
`PETITIONER:
`
`Talin Gordnia
`Nima Hefazi
`Michael Fleming
`Jonathan Kagan
`IRELL & MANELLA, LLP
`tgordnia@irell.com
`nhefazi@irell.com
`mfleming@irell.com
`jkagan@irell.com
`
`Joseph A. Powers
`Christopher J. Tyson
`Matthew S. Yungwirth
`DUANE MORRIS LLP
`japowers@duanemorris.com
`cjtyson@duanemorris.com
`
`
`PATENT OWNER:
`
`Frank A. Angileri
`Thomas A. Lewry
`Marc Lorelli
`Christopher C. Smith
`BROOKS KUSHMAN P.C.
`CHRMC0108IPR1@brookskushman.com
`
`
`4
`
`
`
`IPR2016-01389 (Patent 8,155,012 B2)
`IPR2016-01391 (Patent 8,942,107 B2)
`IPR2016-01397 (Patent 9,019,838 B2)
`IPR2016-01399 (Patent 8,902,760 B2)
`
`Richard W. Hoffmann
`REISING ETHINGTON P.C.
`hoffmann@reising.com
`
`5
`
`
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