Trials@uspto.gov
`Tel: 571-272-7822
`
`Paper 28
`Entered: October 6, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`TQ DELTA, LLC,
`Patent Owner.
`____________
`
`Cases
`IPR2016-01466 (Patent 8,611,404 B2)
`IPR2016-01760 (Patent 9,094,268 B2)1
`_______________
`
`Before SALLY C. MEDLEY, TREVOR M. JEFFERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`Trial Hearing Order
`35 U.S.C. 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`1 This Order addresses the same issues in the above listed proceedings.
`Therefore, we issue one Order to be filed in all of the above listed
`proceedings. The parties, however, are not authorized to use this style of
`filing in subsequent papers.
`
`
`Tel: 571-272-7822
`
`Paper 28
`Entered: October 6, 2017
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`CISCO SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`TQ DELTA, LLC,
`Patent Owner.
`____________
`
`Cases
`IPR2016-01466 (Patent 8,611,404 B2)
`IPR2016-01760 (Patent 9,094,268 B2)1
`_______________
`
`Before SALLY C. MEDLEY, TREVOR M. JEFFERSON, and
`MATTHEW R. CLEMENTS, Administrative Patent Judges.
`
`CLEMENTS, Administrative Patent Judge.
`
`
`
`Trial Hearing Order
`35 U.S.C. 316(a)(10) and 37 C.F.R. § 42.70
`
`
`
`
`
`1 This Order addresses the same issues in the above listed proceedings.
`Therefore, we issue one Order to be filed in all of the above listed
`proceedings. The parties, however, are not authorized to use this style of
`filing in subsequent papers.
`
`
`
`IPR2016-01466 (Patent 8,611,404 B2)
`IPR2016-01760 (Patent 9,094,268 B2)
`
`
`Both parties requested a hearing pursuant to 37 C.F.R. § 42.70(a).
`Paper 23; Paper 24.2 The requests are 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 claims at issue in this review are unpatentable. Petitioner will,
`therefore, begin by presenting its case regarding the challenged claims and
`grounds for which the Board instituted trial in the proceeding. Patent Owner
`will then respond to Petitioner’s arguments. Petitioner may reserve time to
`reply to arguments presented by Patent Owner. There is no motion to amend
`pending in this proceeding.
`The hearing will commence at 1:00 PM Eastern Time on November
`8, 2017, and will be open to the public for in-person attendance on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia. We will provide a court reporter for the hearing and the reporter’s
`transcript will constitute the official record of the hearing. The hearing will
`be open to the public for in-person attendance that will be accommodated on
`a first-come, first-served basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least seven (7) business days before the hearing. The parties are directed to
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`University of Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper
`65), regarding the appropriate content of demonstrative exhibits. We expect
`that the parties will meet and confer in good faith to resolve any objections
`to demonstrative exhibits, but if such objections cannot be resolved the
`
`2 Citations are to IPR2016-01466, unless otherwise noted. Substantively
`similar requests were filed in each of the above-named proceedings.
`
`2
`
`
`
`IPR2016-01466 (Patent 8,611,404 B2)
`IPR2016-01760 (Patent 9,094,268 B2)
`
`parties may file any objections to demonstratives with the Board at least two
`business days before the hearing. The objections should identify with
`particularity which portions of the demonstrative exhibits are subject to
`objection, include a copy of the objected-to portions, and include a one-
`sentence statement of the reason for each objection. No argument or further
`explanation is permitted. We will consider any objections and schedule a
`conference call if deemed necessary. Otherwise, we will reserve ruling on
`the objections. Any objection to demonstrative exhibits that is not presented
`timely 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. Despite the requirement in § 42.70(b) for parties to
`file demonstratives, the parties shall not file any demonstrative exhibits in
`this case without prior authorization from the panel. A hard copy of the
`demonstratives should be provided to the court reporter at the hearing.
`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 made fully available or visible to the judge participating
`in 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 parties are also 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 and the ability of
`
`3
`
`
`
`IPR2016-01466 (Patent 8,611,404 B2)
`IPR2016-01760 (Patent 9,094,268 B2)
`
`the judge participating in the hearing remotely to closely follow the
`presenter’s arguments.
`We expect 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, we should
`be notified via a joint telephone conference call no later than two (2)
`business days prior to the hearing to discuss the matter.
`Questions regarding specific audio-visual equipment should be
`directed to the Administrative Staff at (571) 272-9797. Requests for audio-
`visual equipment are to be made at least five (5) days in advance of the
`hearing date by sending the request to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`hearing.
`
`
`
`
`4
`
`
`
`IPR2016-01466 (Patent 8,611,404 B2)
`IPR2016-01760 (Patent 9,094,268 B2)
`
`FOR PETITIONER:
`David L. McCombs
`Theodore M. Foster
`Michael S. Parsons
`HAYNES AND BOONE LLP
`david.mccombs.ipr@haynesboone.com
`ipr.theo.foster@haynesboone.com
`michael.parsons.ipr@haynesboone.com
`
`PATENT OWNER:
`Peter J. McAndrews
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`Rajendra A. Chiplunkar
`David Z. Petty
`MCANDREWS, HELD & MALLOY, LTD.
`pmcandrews@mcandrews-ip.com
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`rchiplunkar@mcandrews-ip.com
`dpetty@mcandrews-ip.com
`
`5
`
`
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