`Date: December 24, 2014
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`Trials@uspto.gov
`571-272-7822
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`INTERNATIONAL BUSINESS MACHINES CORPORATION
`Petitioner,
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`v.
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`INTELLECTUAL VENTURES II LLC
`Patent Owner.
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`____________
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`Case IPR2014-00180
`Patent 7,634,666
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`Before MIRIAM L. QUINN, Administrative Patent Judge.
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`QUINN, Administrative Patent Judge.
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`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
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`IPR2014-00180
`Patent 7,634,666
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`Both parties have requested an oral hearing in each of these proceedings
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`pursuant to 37 C.F.R. § 42.70. See, e.g., IPR201400180, Papers 33, 36. The
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`parties’ request for oral hearing is granted.
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`This case will be heard on January 13, 2015. Each party will have 40
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`minutes of total argument time. Petitioner bears the ultimate burden of proof that
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`the claims at issue in this review are unpatentable. Therefore, at oral hearing,
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`Petitioner will proceed first to present its case with regard to the challenged claims
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`on which basis we instituted trial. Thereafter, Patent Owner will respond to
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`Petitioner’s case. After that, Petitioner will make use of the rest of its time
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`responding to Patent Owner.
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`There is a strong public policy interest in making all information presented
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`in these proceedings public, as the review determines the patentability of claims in
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`an issued patent and thus affects the rights of the public. This policy is reflected in
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`part, for example, in 35 U.S.C. § 316(a)(1) and 35 U.S. C. § 326(a)(1), which
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`provide that the file of any inter partes review or post grant review be made
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`available to the public, except that any petition or document filed with the intent
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`that it be sealed shall, if accompanied by a motion to seal, be treated as sealed
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`pending the outcome of the ruling on the motion. Accordingly, we exercise our
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`discretion to make the oral hearing publically available via in-person attendance.
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`Specifically, the hearing will commence at 1:30 PM Eastern Time, on
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`January 13, 2015, on the ninth floor of Madison Building East, 600 Dulany Street,
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`Alexandria, Virginia, and it will be open to the public for in-person attendance. In-
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`person attendance will be accommodated on a first come first serve basis.
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`The Board will provide a court reporter for the hearing, and the reporter’s
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`transcript will constitute the official record of the hearing. Under 37 C.F.R.
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`§ 42.70(b), demonstrative exhibits must be served five business days before the
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`IPR2014-00180
`Patent 7,634,666
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`hearing. The parties are directed to CBS Interactive Inc. v. Helferich Patent
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`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
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`appropriate content of demonstrative exhibits. The parties are reminded that the
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`presenter must identify clearly and specifically each demonstrative exhibit (e.g., by
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`slide or screen number) referenced during the hearing to ensure the clarity and
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`accuracy of the reporter’s transcript. Questions regarding specific audio-visual
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`equipment should be directed to the Board at (571) 272-9797. Any issue regarding
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`demonstrative exhibits should be resolved at least two business days prior to the
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`hearing by way of a joint telephone conference call to the Board. The parties are
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`responsible for requesting such a conference sufficiently in advance of the hearing
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`to accommodate this requirement. Any objection to demonstrative exhibits that is
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`not timely presented will be considered waived.
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`Demonstratives should be filed at the Board no later than two business days
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`before the hearing. A hard copy of the demonstratives should be provided to the
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`court reporter at the hearing.
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`Questions regarding specific audio-visual equipment should be directed to
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`the Board at (571) 272-9797. Requests for audio-visual equipment are to be
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`made 5 days in advance of the hearing date. The request is to be sent to
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`Trials@uspto.gov. If the request is not received timely, the equipment may
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`not be available on the day of the hearing. The parties are reminded that the
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`presenter must identify clearly and specifically each demonstrative exhibit (e.g., by
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`slide or screen number) referenced during the hearing to ensure the clarity and
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`accuracy of the reporter’s transcript.
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`The parties also should note that at least one member of the panel will be
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`attending the hearing electronically from a remote location, and that if a
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`demonstrative is not filed or otherwise made fully available or visible to the judge
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`IPR2014-00180
`Patent 7,634,666
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`presiding over the hearing remotely, that demonstrative will not be considered. If
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`the parties have questions as to whether demonstrative exhibits would be
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`sufficiently visible and available to all of the judges, the parties are invited to
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`contact the Board at 571-272-9797.
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`The Board expects lead counsel for each party to be present in person at the
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`oral hearing. However, lead or backup counsel may present the party’s argument.
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`If either party anticipates that its lead counsel will not be attending the oral
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`hearing, the parties should initiate a joint telephone conference with the Board no
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`later than two business days prior to the oral hearing to discuss the matter.
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`IPR2014-00180
`Patent 7,634,666
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`PETITIONER:
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`Kenneth R. Adamo
`Eugene Goryunov
`KIRKLAND & ELLIS LLP
`kenneth.adamo@kirkland.com
`eugene.goryunov@kirkland.com
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`PATENT OWNER:
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`Herbert D. Hart III
`Jonathan R. Sick
`Peter J. McAndrews
`MCANDREWS, HELD & MALLOY, LTD.
`hhart@mcandrews-ip.com
`jsick@mcandrews-ip.com
`pmcandrews@mcandrews-ip.com
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