Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 22
`Entered: September 21, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SYMANTEC CORPORATION,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES I LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-01433
`Patent 7,757,298 B2
`_______________
`
`
`Before THOMAS L. GIANNETTI, HYUN J. JUNG, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`Tel: 571-272-7822
`
`Paper 22
`Entered: September 21, 2017
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SYMANTEC CORPORATION,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES I LLC,
`Patent Owner.
`_______________
`
`Case IPR2016-01433
`Patent 7,757,298 B2
`_______________
`
`
`Before THOMAS L. GIANNETTI, HYUN J. JUNG, and
`GREGG I. ANDERSON, Administrative Patent Judges.
`
`JUNG, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-01433
`Patent 7,757,298 B2
`
`
`The parties have requested oral argument pursuant to 37 C.F.R.
`
`§ 42.70. See Papers 20, 21. The requests are granted.
`
`The hearing will commence at 1:00 PM Eastern Time on
`
`October 12, 2017, 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, and 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.
`
`Each party will have 30 minutes of total argument time. Petitioner
`
`bears the ultimate burden of proof that the claims at issue in this review are
`
`unpatentable. Therefore, at the hearing, Petitioner will proceed first to
`
`present its arguments on the asserted grounds of unpatentability on which we
`
`instituted trial. Petitioner may reserve rebuttal time. Thereafter, Patent
`
`Owner will argue its opposition to Petitioner’s case. Petitioner may then use
`
`any time Petitioner reserved to rebut Patent Owner’s opposition.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`
`five business days before the hearing. The parties may refer to St. Jude
`
`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
`of Michigan, IPR2013-00041, slip op. 2–5 (PTAB Jan. 27, 2014) (Paper 65),
`
`regarding the appropriate content of demonstrative exhibits. The parties
`
`shall meet and confer to discuss any objections to demonstrative exhibits.
`
`The parties shall email their demonstratives to Trials@uspto.gov at least
`
`three business days before the hearing. If any issues regarding
`
`demonstratives remain unresolved after the parties meet and confer, the
`
`parties shall file jointly a one-page list of objections to the demonstrative
`
` 2
`
`
`
`
`
`
`
`IPR2016-01433
`Patent 7,757,298 B2
`
`exhibits at least three business days before the hearing. For each objection,
`
`the list must identify with particularity the demonstratives subject to the
`
`objection and include a short, one-sentence statement explaining the
`
`objection. The panel will consider the objections and schedule a conference
`
`call if necessary. Otherwise, rulings on the objections will be reserved until
`
`the hearing or after the hearing. Any objection to demonstrative exhibits not
`
`presented timely will be considered waived. The parties are not authorized
`
`to file their demonstratives unless instructed by the Board. The parties are
`
`reminded that the demonstrative exhibits presented in this case are not
`
`evidence and are intended only to assist the parties in presenting their oral
`
`argument to the panel.
`
`Each party shall provide a hard copy of its demonstratives to the court
`
`reporter at the hearing. At least one judge will be participating remotely via
`
`a videoconferencing device and will not be able to view the projection
`
`screen in the hearing room. Consequently, 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 transcript.
`
`The Board expects lead counsel for each party to be present in person
`
`at the 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 hearing, that party should initiate a joint telephone conference
`
`with the other party and the panel no later than three business days prior to
`
`the hearing to discuss the matter.
`
`Requests for audio-visual equipment are to be made five business
`
`days in advance of the hearing date. The request is to be sent to
`
` 3
`
`
`
`
`
`
`
`IPR2016-01433
`Patent 7,757,298 B2
`
`Trials@uspto.gov. If the request is not received timely, the equipment may
`
`not be available on the day of the hearing.
`
`It is
`
`ORDERED that oral argument will commence at 1:00 PM Eastern
`
`Time on October 12, 2017 in Alexandria, Virginia.
`
`
`
` 4
`
`
`
`
`
`
`
`IPR2016-01433
`Patent 7,757,298 B2
`
`PETITIONER:
`
`Joseph J. Richetti
`Alexander Walden
`Frank Fabiani
`BRYAN CAVE LLP
`joe.richetti@bryancave.com
`alexander.walden@bryancave.com
`frank.fabiani@bryancave.com
`
`
`PATENT OWNER:
`
`John R. King
`Ted M. Cannon
`Bridget A. Smith
`KNOBBE, MARTINS, OLSON & BEAR, LLP
`2jrk@knobbe.com
`2tmc@knobbe.com
`2bzs@knobbe.com
`
`Tim R. Seeley
`James R. Hietala
`INTELLECTUAL VENTURES
`tim@intven.com
`jhietala@intven.com
`
` 5
`
`
`
`
`
`
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