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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`VEEAM SOFTWARE CORPORATION
`
`Petitioner
`
`V.
`
`SYMANTEC CORPORATION
`
`Patent Owner
`
`Case IPR2013—00150
`
`Patent 7,093,086
`
`PETITIONER VEEAM SOFTWARE CORPORATION’S
`
`REQUEST FOR ORAL ARGUMENT
`
`

`

`lPR2013—00150
`
`Patent 7,093,086
`
`Pursuant
`
`to the Board’s August 7, 2013 Scheduling Order (Paper 11),
`
`Petitioner Veeam Software Corporation respectfully requests oral argument,
`
`currently scheduled for May 5, 2014. Pursuant to 37 C.F.R. § 42.70, Petitioner
`
`specifies the following issues to be argued:
`
`1.
`
`Proper construction of the term “state of the Virtual machine”
`
`2.
`
`Whether claims 1, 11, 12, and 22 require a “backup program.”
`
`. Whether claims 1, ll, 12, and 22 require the Virtual machine to be
`
`executing during the “capturing” step.
`
`Whether claims 1, ll, 12, and 22 are anticipated by Lim.
`
`. Wéether claims 1, ll, 12, and 22 are anticipated by ESX.
`
`Whether claims 1, ll, 12, and 22 are anticipated by ESX.
`
`. Whether claims 1 and 12 are anticipated by Suzaki.
`
`. Whether 11 and 22 are rendered obvious over Suzaki
`
`in View of
`
`Wang.
`
`9.
`
`Whether Symantec’s Motion to Amend is deficient.
`
`10.Whether substitute claim 31 is anticipated by Lim.
`
`ll.Whether substitute claims 32, 33, and 34 are rendered obvious over
`
`Lim in View of Li.
`
`

`

`Respectfully submitted,
`
`IPR2013—00150
`
`Patent 7,093,086
`
`DATE: March 31, 2014
`
`_ W
`By.
`Lofi A. Gordon, Lead Counsel (Reg. No. 50,633)
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`l 100 New York Avenue, NW
`
`Washington, DC. 20005
`(202) 371-2600
`
`Attorney for Petitioner
`Veeam Software Corporation
`
`1833458_1
`
`

`

`1PR2013-00150
`
`Patent 7,093,086
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on this 31St day of March, 2014, a true and correct copy
`
`of the foregoing PETITIONER VEEAM SOFTWARE CORPORATION’S
`
`REQUEST FOR ORAL ARGUMENT was served upon the following counsel for
`
`Patent Owner, Symantec Corporation.
`
`Joseph J. Richetti, Lead Counsel
`BRYAN CAVE LLP
`
`1290 Avenue of the Americas
`
`New York, NY 10104
`
`joe.richetti@bryancave.com
`
`Daniel Crowe
`
`BRYAN CAVE LLP
`
`One Metropolitan Square
`211 North Broadway, Suite 3600
`St. Louis, MO 63102—2750
`
`dacrowe@bryancave.com
`
`
`
`L i A. Gordon, Lead Counsel (Reg. No. 50,633)
`
`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
`l 100 New York Avenue, NW
`
`Washington, DC. 20005
`(202) 371-2600
`
`Attorney for Petitioner
`Veeam Software Corporation
`
`Lu
`
`

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