`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`SHOPIFY, INC., PRICELINE.COM LLC, and BOOKING.COM B.V.,
`Petitioner,
`
`v.
`
`DDR HOLDINGS, LLC,
`Patent Owner.
`____________
`
`Case No.: IPR2018-010081
`U.S. Patent 9,639,876
`________________
`
`PETITIONERS’ CONSOLIDATED REQUEST FOR ORAL ARGUMENT
`
`1 Priceline.com and Booking.com B.V., who filed a petition in IPR2019-00435,
`have been joined as petitioners in this proceeding.
`
`
`
`Case No. IPR2018-01008
`U.S. Patent 9,639,876
`
`Pursuant to 37 C.F.R. § 42.70(a), the Board’s November 15, 2018 Scheduling
`
`Order (Paper 13), and the Board’s June 10, 2019 Decision Instituting Inter Partes
`
`Review and Granting Motion for Joinder (Paper 26), Petitioners Shopify, Inc.,
`
`Priceline.com LLC, and Booking.com B.V. (“Petitioners”), submit this Request for
`
`Oral Argument and respectfully request an opportunity to present oral argument on
`
`all issues in this proceeding. Oral argument in this proceeding is presently scheduled
`
`for July 25, 2019, together with oral argument in IPR2018-01009, -01010, -01011, -
`
`01012, and -01014. Given the similarity of the issues in all six proceedings,
`
`Petitioners request that the Board authorize the parties to present their arguments for
`
`all six proceedings in a single, consolidated hearing.
`
`Pursuant to the Trial Practice Guide Update (August 2018), the parties have
`
`conferred about the conduct of the hearing including the location and length. As to
`
`the location, assuming that Judge Boucher will be conducting a significant amount
`
`of questioning on the IPRs, the parties believe that conducting the hearing in Denver
`
`would be preferable. As to the amount of time allocated for the hearing, the parties
`
`propose that the Petitioners and Patent Owner each be provided 60 minutes of
`
`argument time for the consolidated hearing in these proceedings, inclusive of any
`
`rebuttal time either party wishes to reserve at the hearing.
`
`1
`
`
`
`Case No. IPR2018-01008
`U.S. Patent 9,639,876
`
`Petitioners intend to address at least the following issues during oral
`
`argument:
`
`1. All grounds on which trial was instituted, including all issues raised by
`
`the parties’ papers;
`
`2. Any issue raised by either party in a request for oral argument, a motion
`
`to exclude (if any), objections to demonstrative exhibits (if any), or any
`
`other motion or paper filed by either party before oral argument;
`
`3. Rebuttal to any issue raised by Patent Owner in its presentation at the
`
`oral argument; and
`
`4. Any additional issue on which the Board seeks clarification.
`
`Petitioners also respectfully request the ability to use audio-visual equipment
`
`to display demonstratives and exhibits, including the use of a computer, projector,
`
`ELMO, and screen.
`
`Dated: June 14, 2019
`
`/Michael J. McNamara/
`Michael J. McNamara (Reg. No.
`52,017)
`Mintz, Levin, Cohn, Ferris, Glovsky
`and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
`Telephone: (617) 348-1884
`Facsimile: (617) 542-2241
`E-mails: MMcNamara@mintz.com;
`DDR_IPR_Service@mintz.com
`
`2
`
`
`
`Case No. IPR2018-01008
`U.S. Patent 9,639,876
`
`CERTIFICATE OF SERVICE
`I certify that a copy of the Petitioners’ Consolidated Request for Oral
`
`Argument is being served by electronic mail on the following counsel of record for
`
`the Patent Owner and consolidated Petitioners:
`
`Lead Counsel for DDR Holdings, LLC
`
`Louis J. Hoffman (Reg. No. 38,918)
`Louis J. Hoffman, P.C.
`7689 East Paradise Lane, Suite 2
`Scottsdale, Arizona 85260
`Telephone: (480) 948-3295
`Emails: louis@valuablepatents.com;
`DDR_IPR@valuablepatents.com
`
`Back Up Counsel for DDR Holdings,
`LLC
`
`Justin J. Lesko (Reg. No. 69,643)
`Louis J. Hoffman, P.C.
`7689 East Paradise Lane, Suite 2
`Scottsdale, Arizona 85260
`Telephone: (480) 948-3295
`Email: justinlesko@patentit.com
`
`Lead Counsel for Priceline.com LLC and
`Booking.com B.V.
`
`Back Up Counsel for Priceline.com LLC
`and Booking.com B.V.
`
`Nathan J. Rees (Reg. No. 63,820)
`NORTON ROSE FULBRIGHT US LLP
`2200 Ross Avenue, Suite 3600
`Dallas, Texas 75201-7932
`Telephone: (214) 855-7164
`Facsimile: (214) 855-8200
`Emails:
`nate.rees@nortonrosefulbright.com;
`DDR_IPR_Service@nortonrosefulbright.com
`
`Allan Braxdale (Reg. No. 64,276)
`allan.braxdale@nortonrosefulbright.com
`R. Ross Viguet (Reg. No. 42,203)
`Ross.viguet@nortonrosefulbright.com
`Brett C. Govett (Reg. No. 45,492)
`Brett.govett@nortonrosefulbright.com
`NORTON ROSE FULBRIGHT US LLP
`2200 Ross Avenue, Suite 3600
`Dallas, Texas 75201-7932
`Telephone: (214) 855-8000
`Facsimile: (214) 855-8200
`
`3
`
`
`
`Dated: June 14, 2019
`
`Case No. IPR2018-01008
`U.S. Patent 9,639,876
`
`/Michael J. McNamara/
`Michael J. McNamara (Reg. No. 52,017)
`Mintz, Levin, Cohn, Ferris, Glovsky
`and Popeo, P.C.
`One Financial Center
`Boston, MA 02111
`Telephone: (617) 348-1884
`Facsimile: (617) 542-2241
`E-mails: MMcNamara@mintz.com;
`DDR_IPR_Service@mintz.com
`
`4
`
`
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