`571.272.7822
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` Paper No. 31
`Entered: May 19, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`GOOGLE INC.,
`Petitioner,
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`v.
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`PERFORMANCE PRICING HOLDINGS, LLC,
`Patent Owner.
`____________
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`Case CBM2016-00049 (Patent No. 7,089,195 B2)
`Case CBM2016-00050 (Patent No. 8,799,059 B2)1
`____________
`
`Before WILLIAM V. SAINDON and KEVIN W. CHERRY,
`Administrative Patent Judges.
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`CHERRY, Administrative Patent Judge.
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`
`ORDER
`Trial Hearing Notice
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
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`Both Petitioner and Patent Owner requested a hearing pursuant to
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`37 C.F.R. § 42.70(a). CBM2016-00049, Papers 28, 30; CBM2016-00050,
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`Papers 24, 26. In both of its requests, Petitioner requested that the Board
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`hear oral argument in these two cases simultaneously with a total of one
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`1 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings.
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`
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`CBM2016-00049 (Patent 7,089,195 B2)
`CBM2016-00050 (Patent 8,799,059 B2)
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`hour of argument allotted to each side. See CBM2016-00049, Paper 28, 1.2
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`Patent Owner asked for a consolidated hearing, and requested a total of
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`1.5 hours of time allotted to each side. See CBM2016-00049, Paper 30, 3.
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`In view of the foregoing, the parties’ requests for oral hearing are granted.
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`These proceedings will be heard in the afternoon of June 16, 2017,
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`beginning at 1:00 p.m. Eastern Time. Given the overlap in these two
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`proceedings, we agree with the parties that a consolidated hearing is
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`appropriate. Each side will have 60 minutes of total argument time.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s patent
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`claims at issue are unpatentable. Also, Petitioner has filed a Motion to
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`Exclude Evidence in each proceeding. Therefore, at oral hearing, Petitioner
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`will proceed first to present its case with respect to the challenged claims
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`and grounds with respect to which the Board instituted trial and any
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`arguments in support of its Motions to Exclude. Petitioner may reserve
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`rebuttal time to respond to Patent Owner’s arguments. Thereafter, Patent
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`Owner will respond to Petitioner’s presentation. After Patent Owner’s
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`presentation, Petitioner may make use of the time it has reserved to rebut
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`Patent Owner’s presentation.
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`New arguments not previously presented in the parties’ substantive
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`papers in this proceeding should not be raised at oral hearing.
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`The hearing will be open to the public for in-person attendance on the
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`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
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`Virginia. In-person attendance will be accommodated on a first-come, first-
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`2 We cite to the papers in CBM2016-00049 as representative.
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`2
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`CBM2016-00049 (Patent 7,089,195 B2)
`CBM2016-00050 (Patent 8,799,059 B2)
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`served basis. The Board will provide a court reporter for the hearing and the
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`reporter’s transcript will constitute the official record of the hearing.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
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`(7) business days prior to the hearing. They shall be filed at the Board at
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`least two (2) business days prior to the hearing, and the parties must initiate
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`a conference call with the Board by two (2) business days prior to the
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`hearing to resolve any dispute over the propriety of each party’s
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`demonstrative exhibits. Any dispute over the propriety of demonstrative
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`exhibits that is not timely presented two business days prior to the hearing
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`will be considered waived. The parties are directed to CBS Interactive Inc.
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`v. Helferich Patent Licensing, LLC, Case IPR2013-
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`00033 (PTAB October 23, 2013) (Paper 118), regarding the appropriate
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`content of demonstrative exhibits.
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`Questions regarding specific audio-visual equipment should be
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`directed to the Board at (571) 272-9797. Requests for audio-visual
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`equipment are to be made at least five (5) business days in advance of the
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`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
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`not received timely in the manner specified herein, the equipment may not
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`be available on the day of the hearing.
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`The parties are reminded that the presenter must identify clearly and
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`specifically each demonstrative exhibit (e.g., by slide or screen number)
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`referenced during the hearing to ensure the clarity and accuracy of the
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`reporter’s transcript. If the parties have questions as to whether
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`demonstrative exhibits would be sufficiently visible to all of the judges, the
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`parties are invited to contact the Board at (571) 272-9797.
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`3
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`CBM2016-00049 (Patent 7,089,195 B2)
`CBM2016-00050 (Patent 8,799,059 B2)
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`The Board expects lead counsel for each party to be present at
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`hearing, although any backup counsel may make the actual presentation, in
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`whole or in part. If any lead counsel will not be in attendance at hearing, the
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`Board should be notified via a joint telephone conference call no later than
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`two business days prior to the hearing to discuss the matter.
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`In consideration of the foregoing, it is hereby:
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`ORDER
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`ORDERED that the parties shall take note of the above information
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`about the oral hearing to be held on June 16, 2017.
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`.
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`4
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`PETITIONER:
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`Aaron Maurer
`David Krinsky
`WILLIAMS & CONNOLLY LLP
`amaurer@wc.com
`dkrinsky@wc.com
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`PATENT OWNER:
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`Anthony Simon
`Michael Kella
`Timothy Krieger
`THE SIMON LAW FIRM, P.C.
`ipteam@simonlawpc.com
`mkella@simonlawpc.com
`tkrieger@simonlawpc.com
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