`571-272-7822
`
`
`
`
`
`Paper 28
`Entered: June 20, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`
`SHOPIFY, INC., PRICELINE.COM LLC, and BOOKING.COM B.V.
`Petitioner,
`
`v.
`
`DDR HOLDINGS, LLC,
`Patent Owner.
`____________
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`____________
`
`
`
`Before CARL M. DEFRANCO, PATRICK M. BOUCHER, and
`ALYSSA A. FINAMORE, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`The date set for oral hearing in these proceedings is July 25, 2019, if
`hearing is requested by either party and granted by the Board. Paper 13.
`
`
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`
`Both parties request oral hearing. Papers 27, 28. The Board appreciates the
`parties’ efforts in agreeing to a joint proposed structure for the oral hearing.
`The requests are granted.
`A consolidated oral argument will be held for all six proceedings.
`Each side will have 60 minutes, total, to present its argument, and may
`allocate its time among the proceedings as it wishes. Any representation
`made by counsel at the consolidated oral argument is applicable to and
`useable in all proceedings that have underlying basis for the representation.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in this review are unpatentable. Accordingly, Petitioner will
`open the hearing by presenting its case regarding the challenged claims for
`which the Board instituted trial. After Petitioner’s presentation, Patent
`Owner will respond to Petitioner’s argument. Petitioner may reserve time to
`respond to Patent Owner’s argument. Patent Owner may request a brief sur-
`rebuttal as set forth in the Board’s Revised Trial Practice Guide.
`The hearing will commence at 9:00 AM Mountain Time on July 25,
`2019, on the 14th floor of the Byron G. Rogers Federal Building, 1961 Stout
`Street, Denver, Colorado. The Board will provide a court reporter for the
`hearing and the reporter’s transcript will constitute the official record of the
`hearing. At least one member of the panel may be attending the oral
`argument remotely by use of two-way audio-visual communication
`equipment. The hearing will be open to the public for in-person attendance
`that will be accommodated on a first-come, first-served basis. If the parties
`
`2
`
`
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`
`have any concern about disclosing confidential information, they are
`requested to contact the Board at least 10 days in advance of the hearing to
`discuss the matter.
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`proponent of deposition testimony must file such testimony as an exhibit.
`The Board will not consider any deposition testimony that has not been so
`filed. Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`be served at least seven business days before the hearing date. The parties
`shall meet and confer to discuss and resolve any objections to demonstrative
`exhibits.
`Any party with unresolved objections must file a list of those
`objections with the Board at least two business days before the hearing. For
`each objection, the list must identify with particularity which portions of the
`demonstrative exhibits are subject to the objection and may include a short,
`one-sentence statement explaining the objection. No argument or further
`explanation is permitted. The Board will consider any objections and
`schedule a conference call if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections. Any objection to demonstrative exhibits
`not timely presented may be considered waived.
`Notwithstanding 37 C.F.R. § 42.70(b), each party also shall file its
`demonstrative exhibits with the Board as a separate paper at least two
`business days prior to the hearing. A hard copy of the demonstratives
`
`3
`
`
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`
`should be provided to the court reporter at the hearing, but hard copies of the
`demonstratives are not needed for the judges.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`v. The Board of Regents of the University of Michigan, IPR2013-00041
`(PTAB January 27, 2015) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits. Demonstrative exhibits are not evidence
`and may not introduce new evidence or arguments. Instead, demonstrative
`exhibits should cite to evidence in the record. The parties are reminded that
`the presenter must identify clearly and specifically each demonstrative
`exhibit (e.g., by slide or screen number) referenced during the hearing to
`ensure the clarity and accuracy of the reporter’s transcript.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, any counsel of record may present the party’s
`argument. If either party expects that its lead counsel will not be attending
`the oral argument, the parties should initiate a joint telephone conference
`with the Board no later than two business days prior to the oral hearing to
`discuss the matter.
`Any special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five days before
`the hearing directed to the above email address.
`
`4
`
`
`
`IPR2018-01008 and IPR2018-01011 (Patent 9,639,876 B1)
`IPR2018-01009 and IPR2018-01012 (Patent 9,043,228 B1)
`IPR2018-01010 and IPR2018-01014 (Patent 8,515,825 B1)
`
`PETITIONER
`
`Michael McNamara
`William Meunier
`MINTZ, LEVIN, COHN, FERRIS,
`GLOVSKY AND POPEO P.C.
`mmcnamara@mintz.com
`wameunier@mintz.com
`
`PATENT OWNER
`
`Louis Hoffman
`Justin Lesko
`LOUIS J. HOFFMAN, P.C.
`donald@valuablepatents.com
`justinlesko@patentit.com
`
`5
`
`