Trials@uspto.gov
`571.272.7822
`
`
`
` Paper No. 35
`Entered: Mar. 14, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FEDERAL RESERVE BANK OF ATLANTA, FEDERAL RESERVE
`BANK OF BOSTON, FEDERAL RESERVE BANK OF CHICAGO,
`FEDERAL RESERVE BANK OF CLEVELAND, FEDERAL RESERVE
`BANK OF DALLAS, FEDERAL RESERVE BANK OF KANSAS CITY,
`FEDERAL RESERVE BANK OF MINNEAPOLIS, FEDERAL RESERVE
`BANK OF NEW YORK, FEDERAL RESERVE BANK OF
`PHILADELPHIA, FEDERAL RESERVE BANK OF RICHMOND,
`FEDERAL RESERVE BANK OF SAN FRANCISCO, and
`FEDERAL RESERVE BANK OF ST. LOUIS,
`Petitioner,
`
`v.
`
`BOZEMAN FINANCIAL LLC,
`Patent Owner.
`____________
`
`Case CBM2017-00035 (Patent No. 6,754,640 B2)
`Case CBM2017-00036 (Patent No. 8,768,840 B2)1
`____________
`
`Before MICHAEL W. KIM, WILLIAM V. SAINDON and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing Notice
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`1 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings.
`
`
`571.272.7822
`
`
`
` Paper No. 35
`Entered: Mar. 14, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FEDERAL RESERVE BANK OF ATLANTA, FEDERAL RESERVE
`BANK OF BOSTON, FEDERAL RESERVE BANK OF CHICAGO,
`FEDERAL RESERVE BANK OF CLEVELAND, FEDERAL RESERVE
`BANK OF DALLAS, FEDERAL RESERVE BANK OF KANSAS CITY,
`FEDERAL RESERVE BANK OF MINNEAPOLIS, FEDERAL RESERVE
`BANK OF NEW YORK, FEDERAL RESERVE BANK OF
`PHILADELPHIA, FEDERAL RESERVE BANK OF RICHMOND,
`FEDERAL RESERVE BANK OF SAN FRANCISCO, and
`FEDERAL RESERVE BANK OF ST. LOUIS,
`Petitioner,
`
`v.
`
`BOZEMAN FINANCIAL LLC,
`Patent Owner.
`____________
`
`Case CBM2017-00035 (Patent No. 6,754,640 B2)
`Case CBM2017-00036 (Patent No. 8,768,840 B2)1
`____________
`
`Before MICHAEL W. KIM, WILLIAM V. SAINDON and
`KEVIN W. CHERRY, Administrative Patent Judges.
`
`CHERRY, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing Notice
`35 U.S.C. § 326(a)(10); 37 C.F.R. § 42.70
`
`1 The Board is entering this Order in each proceeding. The parties are not
`authorized to use a caption identifying multiple proceedings.
`
`
`
`CBM2017-00035 (Patent 6,754,640 B2)
`CBM2017-00036 (Patent 8,768,840 B2)
`
`
`
`Both Petitioner and Patent Owner requested a hearing pursuant to
`37 C.F.R. § 42.70(a). CBM2017-00035 Papers 29, 30; CBM2017-00036,
`Papers 32, 34. In both of its requests, Petitioner requested that the Board
`hear oral argument in these two cases simultaneously with a total of
`two hours of argument allotted to each side. See CBM2017-00035, Paper
`29, 1.2 Patent Owner requested a total of one hour of time allotted to each
`side, but is silent on whether it wishes to have a consolidated hearing See
`CBM2017-00035, Paper 30, 3. In view of the foregoing, the parties’
`requests for oral hearing are granted.
`These proceedings will be heard in the afternoon of April 5, 2018,
`beginning at 1:00 p.m. Eastern Time. Given the overlap in these two
`proceedings, we believe that a consolidated hearing is appropriate. Each
`side will have 90 minutes of total argument time. Petitioner bears the
`ultimate burden of proof that Patent Owner’s patent claims at issue are
`unpatentable. Also, Patent Owner has filed a Contingent Motion to Amend
`its claims in CBM2017-00036. Patent Owner does not bear the burden of
`proving its amended claims are unpatentable.3 See Aqua Products, Inc. v.
`Matal, 872 F.3d 1290, 1328 (Fed. Cir 2017) (en banc). At oral hearing,
`Petitioner will proceed first to present its case with respect to the challenged
`claims and grounds with respect to which the Board instituted trial, and also
`
`
`2 We cite to the papers in CBM2017-00035 as representative.
`3 Memorandum from David P. Ruschke, Chief Administrative Patent Judge,
`to Patent Trial and Appeal Board, Guidance on Motions to Amend in view
`of Aqua Products (Nov. 21, 2017),
`https://www.uspto.gov/sites/default/files/documents/guidance_on_motions_
`o_amend_11_2017.pdf.
`
`
`
`2
`
`
`
`CBM2017-00035 (Patent 6,754,640 B2)
`CBM2017-00036 (Patent 8,768,840 B2)
`
`may present arguments in opposition to Patent Owner’s Contingent Motion
`to Amend. Petitioner may reserve rebuttal time to respond to Patent
`Owner’s arguments. Thereafter, Patent Owner will respond to Petitioner’s
`presentation and present its arguments in support of its Motion to Amend.
`After Patent Owner’s presentation, Petitioner may make use of the time it
`has reserved to rebut Patent Owner’s presentation and respond to Patent
`Owner’s presentation regarding the Motion to Amend.
`New arguments not previously presented in the parties’ substantive
`papers in this proceeding should not be raised at oral hearing.
`The hearing will be open to the public for in-person attendance on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. In-person attendance will be accommodated on a first-come, first-
`served basis. 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
`(7) business days prior to the hearing. They shall be filed at the Board at
`least two (2) business days prior to the hearing, and the parties must initiate
`a conference call with the Board by two (2) business days prior to the
`hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. Any dispute over the propriety of demonstrative
`exhibits that is not timely presented two business days prior to the hearing
`will be considered waived. The parties are directed to CBS Interactive Inc.
`v. Helferich Patent Licensing, LLC, Case IPR2013-00033 (PTAB October
`23, 2013) (Paper 118), regarding the appropriate content of demonstrative
`exhibits.
`
`
`
`3
`
`
`
`CBM2017-00035 (Patent 6,754,640 B2)
`CBM2017-00036 (Patent 8,768,840 B2)
`
`
`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 at least five (5) business days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
`not received timely in the manner specified herein, 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. If the parties have questions as to whether
`demonstrative exhibits would be sufficiently visible 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 at
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at hearing, the
`Board should be notified via a joint telephone conference call no later than
`two business days prior to the hearing to discuss the matter.
`ORDER
`In consideration of the foregoing, it is hereby:
`ORDERED that the parties shall take note of the above information
`about the oral hearing to be held on April 5, 2018.
`.
`
`
`
`4
`
`
`
`
`
`CBM2017-00035 (Patent 6,754,640 B2)
`CBM2017-00036 (Patent 8,768,840 B2)
`
`PETITIONER:
`
`Natasha H. Moffitt
`Holmes J. Hawkins III
`Abby L. Parsons
`KING & SPALDING LLP
`mmoffitt@kslaw.com
`hhawkins@kslaw.com
`aparsons@kslaw.com
`
`
`PATENT OWNER:
`
`John W. Goldschmidt, Jr.
`FERENCE AND ASSOCIATES
`jgoldschmidt@ferencelaw.com
`
`Thomas J. Maiorino
`MAIORINO LAW GROUP LLC
`tmaiorinolaw@comcast.net
`
`
`
`
`5
`
`
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