Trials@uspto.gov
`571-272-7822
`
`Paper 45
`Date: January 23, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., et
`al.,
`Petitioner,
`
`v.
`
`HARVEY LUNENFELD,
`Patent Owner.
`
`____________
`
`Case CBM2014-00050
`Patent 8,239,451 B1
`____________
`
`
`Before MIRIAM L. QUINN, KARL D. EASTHOM, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`571-272-7822
`
`Paper 45
`Date: January 23, 2015
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AMERICAN EXPRESS TRAVEL RELATED SERVICES COMPANY, INC., et
`al.,
`Petitioner,
`
`v.
`
`HARVEY LUNENFELD,
`Patent Owner.
`
`____________
`
`Case CBM2014-00050
`Patent 8,239,451 B1
`____________
`
`
`Before MIRIAM L. QUINN, KARL D. EASTHOM, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`QUINN, Administrative Patent Judge.
`
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`
`
`
`CBM2014-00050
`Patent 8,239,451 B1
`
`
`Both parties have requested an oral hearing in this proceeding pursuant to 37
`C.F.R. § 42.70. See Papers 42, 44. The parties’ requests for oral hearing are
`granted.
`This case will be heard on February 24, 2015. Each party will have 1 hour
`of total argument time. Petitioner bears the ultimate burden of proof that the
`claims at issue in this review are unpatentable. Therefore, at the oral hearing,
`Petitioner will proceed first to present its case with regard to the challenged claims
`on which basis we instituted trial. Thereafter, Patent Owner will respond to
`Petitioner’s case and will have the opportunity to address Patent Owner’s
`Contingent Motion to Amend. After that, Petitioner will make use of the rest of its
`time responding to Patent Owner. Patent Owner may reserve time for rebuttal of
`Petitioner’s response with respect to the Motion to Amend.
`There is a strong public policy interest in making all information presented
`in these proceedings public, as the review determines the patentability of claims in
`an issued patent and thus affects the rights of the public. This policy is reflected in
`part, for example, in 35 U.S.C. § 316(a)(1) and 35 U.S. C. § 326(a)(1), which
`provide that the file of any inter partes review or post grant review be made
`available to the public, except that any petition or document filed with the intent
`that it be sealed shall, if accompanied by a motion to seal, be treated as sealed
`pending the outcome of the ruling on the motion. Accordingly, we exercise our
`discretion to make the oral hearing publically available via in-person attendance.
`Specifically, the hearing will commence at 2:00 PM Eastern Time, on
`February 24, 2015, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia, and it will be open to the public for in-person attendance. In-
`person attendance will be accommodated on a first come first serve basis.
`
`2
`
`
`
`
`CBM2014-00050
`Patent 8,239,451 B1
`
`
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing. Under 37 C.F.R.
`§ 42.70(b), demonstrative exhibits must be served five business days before the
`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`appropriate content of demonstrative exhibits. 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. Questions regarding specific audio-visual
`equipment should be directed to the Board at (571) 272-9797. Any issue regarding
`demonstrative exhibits should be resolved at least three business days prior to the
`hearing by way of a joint telephone conference call to the Board. The parties are
`responsible for requesting such a conference sufficiently in advance of the hearing
`to accommodate this requirement. Any objection to demonstrative exhibits that is
`not timely presented will be considered waived. Demonstratives should be filed at
`the Board no later than two business days before the hearing. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`Questions regarding specific audio-visual equipment should be directed to
`the Board at (571) 272-9797. Requests for audio-visual equipment are to be
`made 5 days in advance of the hearing date. The request is to be sent to
`Trials@uspto.gov. If the request is not received timely, the equipment may
`not be available on the day of the hearing. 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.
`
`3
`
`
`
`
`CBM2014-00050
`Patent 8,239,451 B1
`
`
`The parties also should note that at least one member of the panel will be
`attending the hearing electronically from a remote location, and that if a
`demonstrative is not filed or otherwise made fully available or visible to the judge
`presiding over the hearing remotely, that demonstrative will not be considered. If
`the parties have questions as to whether demonstrative exhibits would be
`sufficiently visible and available to all of the judges, the parties are invited to
`contact the Board at 571-272-9797.
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. However, lead or backup counsel may present the party’s argument.
`If either party anticipates that its lead counsel will not be attending the oral
`hearing, 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.
`
`
`
`
`
`
`4
`
`
`
`
`CBM2014-00050
`Patent 8,239,451 B1
`
`
`
`PETITIONER:
`John D. Vandenberg
`Kristen L. Reichenbach
`KLARQUIST SPARKMAN, LLP
`john.vandenberg@klarquist.com
`kristen.reichenbach@klarquist.com
`
`
`PATENT OWNER:
`
`Cyrus A. Morton
`Ryan M. Schultz
`Bryan J. Mechell
`ROBINS, KAPLAN, MILLER, & CIRESI LLP
`CAMorton@rkmc.com
`RMSchultz@rkmc.com
`BJMechell@rkmc.com
`
`
`5
`
`
`
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