`571-272-7822
`
`
`
`
`
`Paper 26
`Entered: March 9, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FACEBOOK, INC.,
`Petitioner,
`
`v.
`
`REMBRANDT SOCIAL MEDIA, L.P.,
`Patent Owner.
`
`
`
`Case IPR2014-00415
`Patent 6,415,316
`
`
`
`Before PHILLIP J. KAUFFMAN, JENNIFER S. BISK, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2014-00415
`Patent 6,415,316
`
`
`The Scheduling Order for this case set the date for oral hearing on
`
`April 6, 2015, if a hearing is requested by the parties and granted by the
`
`Board. Paper 10. Both parties requested a hearing pursuant to 37 C.F.R.
`
`§ 42.70(a). Papers 23, 24. The request is granted.
`
`Each party will have forty-five (45) minutes of total time to present
`
`arguments. Petitioner bears the ultimate burden of proof that Patent
`
`Owner’s original patent claims at issue are unpatentable. Therefore, 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. Petitioner may reserve some of its argument time for rebuttal.
`
`Thereafter, Patent Owner will respond to Petitioner’s presentation,
`
`having available to it the entirety of its allotted argument time.
`
`Finally, Petitioner may make use of the time it has reserved to rebut
`
`Patent Owner’s opposing presentation with regard to the original patent
`
`claims.
`
`The hearing will commence at 2:00 PM Eastern Time on April 6,
`
`2015, and 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), 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
`
`2
`
`
`
`IPR2014-00415
`Patent 6,415,316
`
`without prior 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 demonstrative exhibits.
`
`
`
`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 5 days in advance of the hearing date. The
`
`request is to be sent to Trials@uspto.gov. If the request is not received
`
`timely, 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. The parties also should note that two panel members
`
`will be attending the hearings electronically from a remote location and that
`
`if a demonstrative is not filed or otherwise made fully available or visible to
`
`the judge presiding over the hearing remotely, that demonstrative will not be
`
`considered. If the parties have questions as to whether demonstrative
`
`exhibits would be sufficiently visible and available 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 days prior to the hearing to discuss the matter.
`
`
`
`3
`
`
`
`IPR2014-00415
`Patent 6,415,316
`
`For PETITIONER:
`
`Heidi L. Keefe
`Mark R. Weinstein
`COOLEY LLP
`hkeefe@cooley.com
`mweinstein@cooley.com
`zpatdcdocketing@cooley.com
`
`For PATENT OWNER:
`
`Robert H. Hillman
`Lawrence K. Kolodney
`John S. Goetz
`FISH & RICHARDSON P.C.
`hillman@fr.com
`kolodney@fr.com
`goetz@fr.com
`IPR2014-00415@fr.com
`
`
`
`4
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