Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 27
`Date: January 21, 2015
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BANK OF AMERICA, N.A., PNC FINANCIAL SERVICES GROUP,
`INC., and PNC BANK, N.A.,
`Petitioners,
`v.
`
` INTELLECTUAL VENTURES I LLC,
`
`Patent Owner.
`____________
`
`Case CBM2014-00028 (U.S. Patent No. 8,083,137)
`Case CBM2014-00029 (U.S. Patent No. 7,664,701)
`Case CBM2014-00030 (U.S. Patent No. 7,603,382)
`_____________
`
`BANK OF AMERICA, N.A.,
`
`Petitioner,
`v.
`
` INTELLECTUAL VENTURES II LLC,
`
`Patent Owner.
`____________
`
`Case CBM2014-00033 (U.S. Patent No. 7,260,587)1
` _____________
`
`THOMAS L. GIANNETTI, Administrative Patent Judge.
`
`1 The parties are not authorized to use this form of caption.
`
`
`
`
`571-272-7822
`
`
`
`
`Paper 27
`Date: January 21, 2015
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BANK OF AMERICA, N.A., PNC FINANCIAL SERVICES GROUP,
`INC., and PNC BANK, N.A.,
`Petitioners,
`v.
`
` INTELLECTUAL VENTURES I LLC,
`
`Patent Owner.
`____________
`
`Case CBM2014-00028 (U.S. Patent No. 8,083,137)
`Case CBM2014-00029 (U.S. Patent No. 7,664,701)
`Case CBM2014-00030 (U.S. Patent No. 7,603,382)
`_____________
`
`BANK OF AMERICA, N.A.,
`
`Petitioner,
`v.
`
` INTELLECTUAL VENTURES II LLC,
`
`Patent Owner.
`____________
`
`Case CBM2014-00033 (U.S. Patent No. 7,260,587)1
` _____________
`
`THOMAS L. GIANNETTI, Administrative Patent Judge.
`
`1 The parties are not authorized to use this form of caption.
`
`
`
`
`
`Case CBM2014-00028 (U.S. Patent No. 8,083,137)
`Case CBM2014-00029 (U.S. Patent No. 7,664,701)
`Case CBM2014-00030 (U.S. Patent No. 7,603,382)
`Case CBM2014-00033 (U.S. Patent No. 7,260,587)
`
`
`ORDER
`Request for Oral Hearing
`37 C.F.R. § 42.70
`
`The Scheduling Order for these cases sets the date for oral hearing as
`February 17, 2015, if a hearing is requested by the parties and granted by the
`Board. All parties have requested oral hearing pursuant to 37 C.F.R.
`§ 42.70. The parties’ request for oral hearing is granted.
`
`Petitioners2 together will have 60 minutes to present arguments.
`Patent Owners3 together will have 60 minutes to respond. Petitioners bear
`the ultimate burden of proof that Patent Owners’ claims at issue in this
`review are unpatentable. Therefore, Petitioners will open the hearing by
`presenting their case regarding the challenged claims for which the Board
`instituted trial. After Petitioners’ presentation, Patent Owners will respond
`to Petitioners’ argument. Petitioners may reserve rebuttal time to respond to
`arguments presented by the Patent Owners.
`The hearing will commence at 11:00 AM on February 17, 2015, on
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. The
`
`
`2 The Petitioners in Cases CBM2014-00028, 00029, and 00030 are Bank of
`America, N.A., PNC Financial Services Group, Inc., and PNC Bank, N.A.
`The Petitioner in Case CBM2014-00033 is Bank of America, N.A.
`3 The Patent Owner in Cases CBM2014-00028, 00029, and 00030 is
`Intellectual Ventures I LLC. The Patent Owner in Case CBM2014-00033 is
`Intellectual Ventures II LLC.
`
`
`
`2
`
`
`
`Case CBM2014-00028 (U.S. Patent No. 8,083,137)
`Case CBM2014-00029 (U.S. Patent No. 7,664,701)
`Case CBM2014-00030 (U.S. Patent No. 7,603,382)
`Case CBM2014-00033 (U.S. Patent No. 7,260,587)
`
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis.
`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 five business days before the hearing date. The parties
`also shall provide a courtesy copy of any demonstrative exhibits to the
`Board at least five business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this proceeding without prior authorization from the Board.
`The parties must file any objections to the demonstratives with the
`Board at least two business days before the hearing. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. The objections should identify with particularity which
`demonstratives are subject to objection, and include a short (one sentence or
`less) statement of the reason for each objection. No argument or further
`explanation is permitted. The Board will consider the objections and
`schedule a conference if deemed necessary. Otherwise, the Board will
`reserve ruling on the objections until after the oral argument. 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,
`2014) (Paper 65), for guidance regarding the appropriate content of
`demonstrative exhibits.
`
`
`
`3
`
`
`
`Case CBM2014-00028 (U.S. Patent No. 8,083,137)
`Case CBM2014-00029 (U.S. Patent No. 7,664,701)
`Case CBM2014-00030 (U.S. Patent No. 7,603,382)
`Case CBM2014-00033 (U.S. Patent No. 7,260,587)
`
`
`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. The parties may divide argument among counsel as they wish.
`Should there be any disagreement among the parties on the division of
`argument, the parties shall meet and confer in advance of the hearing to try
`to resolve the dispute and, if necessary, contact the Board for assistance.
`If any 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 audiovisual 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
`
`
`
`
`
`Case CBM2014-00028 (U.S. Patent No. 8,083,137)
`Case CBM2014-00029 (U.S. Patent No. 7,664,701)
`Case CBM2014-00030 (U.S. Patent No. 7,603,382)
`Case CBM2014-00033 (U.S. Patent No. 7,260,587)
`
`PETITIONERS:
`Donald R. Steinberg
`Monica Grewal
`WILMER CUTLER PICKERING
`don.steinberg@wilmerhale.com
`monica.grewal@wilmerhale.com
`
`
`PATENT OWNERS:
`Henry A. Petri, Jr.
`James P. Murphy
`NOVAK DRUCE CONNOLLY BOVE + QUIGG LLP
`henry.petri@novakdruce.com
`james.murphy@novakdruce.com
`
`
`Brenton R. Babcock
`Ted M. Cannon
`Bridget Smith
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2brb@knobbe.com
`2tmc@knobbe.com
`2BZS@knobbe.com
`
`
`Don Coulman
`dcoulman@intven.com
`
`
`
`
`
`5
`
`
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