Trials@uspto.gov
`571-272-7822
`
`
`
`
`Paper 25
`Entered: February 26, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FINJAN, INC.,
`Petitioner,
`
`v.
`
`FIREEYE, INC.,
`Patent Owner.
`____________
`
`Cases: IPR2014-00344 (Patent 8,291,499 B2)
` IPR2014-00492 (Patent 8,171,553 B2)
`
`
`
`Before BRYAN F. MOORE, LYNNE E. PETTIGREW, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`IPPOLITO, Administrative Patent Judge.
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`571-272-7822
`
`
`
`
`Paper 25
`Entered: February 26, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`FINJAN, INC.,
`Petitioner,
`
`v.
`
`FIREEYE, INC.,
`Patent Owner.
`____________
`
`Cases: IPR2014-00344 (Patent 8,291,499 B2)
` IPR2014-00492 (Patent 8,171,553 B2)
`
`
`
`Before BRYAN F. MOORE, LYNNE E. PETTIGREW, and
`FRANCES L. IPPOLITO, Administrative Patent Judges.
`
`IPPOLITO, Administrative Patent Judge.
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`IPR2014-00344 (Patent 8,291,499 B2)
`IPR2014-00492 (Patent 8,171,553 B2)
`
`
`Patent Owner FireEye, Inc. requested a joined oral hearing for these
`two related inter partes review proceedings pursuant to 37 C.F.R. § 42.70.
`IPR2014-00344, Paper 32; IPR2014-00492, Paper 24. No oral hearing
`request was received from Petitioner Finjan, Inc. Upon consideration, Patent
`Owner’s request is granted.
`Each party will have one hour of total time to present arguments. A
`party may allot argument time between the two cases as it wishes. Finjan
`bears the ultimate burden of proof that FireEye’s claims at issue in these
`reviews are unpatentable. Finjan will, therefore, begin by presenting its case
`regarding the challenged claims and grounds for which the Board instituted
`trial in the two proceedings. FireEye will then respond to Finjan’s
`arguments. Finjan may reserve time to respond to arguments presented by
`FireEye.
`There is a strong public policy interest in making all information
`presented in these proceedings public, as the review determines the
`patentability of claims in an issued patent and thus affects the rights of the
`public. This policy is reflected in part, for example, in 35 U.S.C. § 316(a)(1)
`and 35 U.S. C. § 326(a)(1), which provide that the file of any inter partes
`review or post grant review be made available to the public, except that any
`petition or document filed with the intent that it be sealed shall, if
`accompanied by a motion to seal, be treated as sealed, pending the outcome
`of the ruling on the motion. Accordingly, we exercise our discretion to
`make the oral hearing publically available via in-person attendance.
`Specifically, the hearing will commence at 2:00 PM Eastern Time, on
`March 31, 2015, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. The hearing will be open to the public for in-
`
`2
`
`
`
`
`
`IPR2014-00344 (Patent 8,291,499 B2)
`IPR2014-00492 (Patent 8,171,553 B2)
`
`person attendance that 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
`five business days before the hearing. The parties are directed to CBS
`Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033, Paper
`118 (Oct. 23, 2013), regarding the appropriate content of demonstrative
`exhibits. 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. Any issue regarding demonstrative exhibits should be
`resolved at least three business days prior to the hearing by way of a joint
`telephone conference call to the Board. The parties are responsible for
`requesting such a conference sufficiently in advance of the hearing to
`accommodate this requirement. Any objection to demonstrative exhibits
`that is not timely presented will be considered waived. The parties also shall
`provide the demonstrative exhibits to the Board at least two business days
`prior to the hearing by emailing them to Trials@uspto.gov. The parties shall
`not file any demonstrative exhibits in this case without prior authorization
`from the Board. A hard copy of the demonstratives should be provided to
`the court reporter at the hearing.
`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 five (5) days in advance of the hearing date. The
`request is to be sent to Trials@uspto.gov. If the request is not received
`
`3
`
`
`
`
`
`IPR2014-00344 (Patent 8,291,499 B2)
`IPR2014-00492 (Patent 8,171,553 B2)
`
`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 at least one member of the panel will
`be attending the hearing 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 in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral hearing, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`
`4
`
`
`
`
`
`IPR2014-00344 (Patent 8,291,499 B2)
`IPR2014-00492 (Patent 8,171,553 B2)
`
`PETITIONER:
`James R. Hannah
`Michael Lee
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`jhannah@kramerlevin.com
`mhlee@kramerlevin.com
`
`PATENT OWNER:
`
`David L. McCombs
`Thomas B. King
`Gregory P. Huh
`HAYNES AND BOONE, LLP
`David.mccombs.ipr@haynesboone.com
`ipr.thomas.king@haynesboone.com
`gregory.huh.ipr@haynesboone.com
`
`5
`
`
`
`
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