`571-272-7822
`
`
`
` Paper No. 28
`Date Entered: August 5, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GOOGLE INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`____________
`
`Case IPR2014-01031
`Patent 7,848,353 B2
`____________
`
`Before JOSIAH C. COCKS, WILLIAM A. CAPP, and
`DAVID C. MCKONE, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2014-01031
`Patent 7,848,353 B2
`
`
`As set forth in the Scheduling Order (Paper 11), oral argument, if
`
`requested, is scheduled for August 26, 2015, in connection with this
`proceeding. Both parties have requested oral argument. Papers 26, 27. The
`requests are granted.
`
`Oral argument will commence at 2 PM ET on August 25, 2015. The
`hearing will be conducted on the ninth floor of Madison Building East, 600
`Dulany Street, Alexandria, Virginia 22314. The hearing will be open to the
`public for in-person attendance, which 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.
`
`Each party will have sixty (60) minutes of total argument time.
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`review are unpatentable. Therefore, at oral hearing Petitioner will proceed
`first to present its case with regard to the challenged claims on which basis
`we instituted trial. Petitioner may reserve rebuttal time. Thereafter, Patent
`Owner will argue its opposition to Petitioner’s case. Petitioner may use any
`time Petitioner reserved to rebut Patent Owner’s opposition.
`
`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
`
`
`
`IPR2014-01031
`Patent 7,848,353
`
`
`during the hearing to ensure the clarity and accuracy of the reporter’s
`transcript.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days prior to the hearing. The parties are further directed to
`file demonstrative exhibits two business days prior to the hearing, and
`request a conference call with the Board no later than two business days
`prior to the hearing to resolve any dispute over the propriety of each party’s
`demonstrative exhibits. 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 presented
`timely will be considered waived. The parties may refer to CBS Interactive
`Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033 (PTAB October 23,
`2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc. v. The Board
`of Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. Lead or backup counsel, however, may present the
`party’s argument. If either party anticipates that its lead counsel will not be
`attending the oral argument, the parties should request a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`It is
`
`ORDERED that oral argument will commence at 2 PM ET on August
`25, 2015.
`
`
`
`
`
`2
`
`
`
`
`IPR2014-01031
`Patent 7,848,353
`
`
`
`
`
`PETITIONER:
`
`Theodore G. Brown, III
`Akarsh P. Belagodu
`John Alemanni
`KILPATRICK TOWNSEND & STOCKTON LLP
`tbrown@kilpatricktownsend.com
`abelagodu@kilpatricktownsend.com
`jalemmani@kilpatricktownsend.com
`
`
`PATENT OWNER:
`
`Herbert D. Hart III
`Andrew Karp
`Steven J. Hampton
`Philip H. Sheridan
`McANDREWS, HELD & MALLOY, LTD.
`hhart@mcandrews-ip.com
`akarp@mcandrews-ip.com
`shampton@mcandrews-ip.com
`psheridan@mcandrews-ip.com
`
`James R. Hietala
`Tim R. Seeley
`Intellectual Ventures Management
`jhietala@intven.com
`tim@intven.com
`
`3
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