Trials@uspto.gov
`571-272-7822
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`Paper 43 (IPR2014-00356)
`Paper 37 (IPR2014-00366)
`Paper 37 (IPR2014-00406)
`Paper 34 (IPR2014-00420)
`Paper 35 (IPR2014-00421)
`Entered: March 10, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`QUALTRICS, LLC,
`Petitioner,
`
`v.
`
`OPINIONLAB, INC.,
`Patent Owner.
`_______________
`
`Cases1
`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,505 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
` IPR2014-00421 (Patent 8,024, 668 B2)
`______________
`
`Before RAMA G. ELLURU, JEREMY M. PLENZLER, GEORGIANNA W.
`BRADEN, and CARL M. DEFRANCO, Administrative Patent Judges.
`
`BRADEN, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order applies to each of the five listed cases. We exercise our discretion to
`issue one Order to be docketed in each case. The parties, however, are not
`authorized to use this caption for any subsequent papers.
`
`

`

`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`On March 9, 2015, a conference call was held involving Robert Steinberg
`
`for Petitioner, Naveen Modi and Christopher Kennerly for Patent Owner, and
`
`Judge Braden. The purpose of the call was to reset the date for oral hearing.
`
`The Revised Scheduling Order for this case sets the date for oral hearing for
`
`April 16, 2015, if a hearing is requested by the parties and granted by the Board.
`
`Paper 22.2 Both parties have requested oral hearing pursuant to 37 C.F.R. § 42.70.
`
`Papers 40, 41. Petitioner’s and Patent Owner’s requests for oral hearing are
`
`granted. As discussed during the conference call, logistics at the Board require
`
`moving the hearing date from April 16, 2015 to April 22, 2015. Both parties agree
`
`to the new hearing date.
`
`Each party will have ninety (90) minutes of total time to present arguments.
`
`Petitioner will proceed first to present its case as to the challenged claims.
`
`Thereafter, Patent Owner will respond to Petitioner’s case and also present its case
`
`with regard to the motion to amend claims. Each party may reserve rebuttal time.
`
`The hearing will commence at 1:00 PM Eastern Time, on April 22, 2015,
`
`and it 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.
`
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`
`exhibits upon each other at least five business days prior to the hearing. The
`
`parties also shall provide the demonstrative exhibits to the Board at least five
`
`business days prior to the hearing by emailing them to Trials@uspto.gov. The
`
`parties shall not file any demonstrative exhibits in this proceeding without prior
`
`
`2 Citations are to IPR2014-00356.
`
`

`

`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`authorization from the Board. The parties are directed to St. Jude Medical,
`
`Cardiology Division, Inc. v. The Board of Regents of the University of Michigan,
`
`IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65) for guidance regarding the
`
`appropriate content of demonstratives.
`
`The parties must file any objections to the demonstratives with the Board at
`
`least two business days before the hearing. Any objection to demonstrative
`
`exhibits that is not timely presented will be considered waived. The objections
`
`should identify with particularity which demonstratives are subject to objection,
`
`and include a short (one sentence or less) statement of the reason for each
`
`objection. No argument or further explanation is permitted. The Board will
`
`consider the objections and schedule a conference if deemed necessary.
`
`Otherwise, the Board will reserve ruling on the objections until after the oral
`
`argument.
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`The Board will provide a court reporter for the hearing and the reporter’s
`
`transcript will constitute the official record of the hearing. The parties are
`
`reminded that, during the hearing, the presenter must identify clearly and
`
`specifically each demonstrative exhibit (e.g., by slide or screen number) referenced
`
`to ensure the clarity and accuracy of the reporter’s transcript.
`
`The Board expects lead counsel for each party to be present at the 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 days prior to the
`
`hearing to discuss the matter.
`
`

`

`IPR2014-00356 (Patent 6,606,581 B1)
`IPR2014-00366 (Patent 8,041,805 B2)
`IPR2014-00406 (Patent 7,085,820 B1)
`IPR2014-00420 (Patent 7,370,285 B1)
`IPR2014-00421 (Patent 8,024,668 B2)
`
`Any special requests for audio visual equipment should be directed to
`
`Trials@uspto.gov. Requests for special equipment will not be honored unless
`
`presented in a separate communication directed to the above email address not less
`
`than five days before the hearing.
`
`The parties should note that at least one member of the panel will be
`
`attending the oral hearing electronically from a remote location.
`
`
`
`
`PETITIONER:
`Robert Steinberg
`Neil A. Rubin
`Jonathan M. Jackson
`Philip Wang
`LATHAM & WATKINS LLP
`bob.steinberg@lw.com
`neil.rubin@lw.com
`jonathan.jackson@lw.com
`philip.wang@lw.com
`
`
`PATENT OWNER:
`Christopher W. Kennerly
`Timothy P. Cremen
`Naveen Modi
`PAUL HASTINGS LLP
`chriskennerly@paulhastings.com
`timothycremen@paulhastings.com
`naveenmodi@paulhastings.com
`
`
`