`571-272-7822
`
`
`
`
`Paper 23
`Entered: October 2, 2017
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`TWILIO INC.,
`Petitioner,
`
`v.
`
`TELESIGN CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2016-01688
`Patent 9,300,792 B2
`____________
`
`Before SALLY C. MEDLEY, MICHAEL W. KIM, and JUSTIN T. ARBES,
`Administrative Patent Judges.
`
`ARBES, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2016-01688
`Patent 9,300,792 B2
`
`
`Petitioner and Patent Owner each requested a hearing in the above
`
`proceeding pursuant to 37 C.F.R. § 42.70(a). See Papers 21, 22. 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 the challenged
`
`claims are unpatentable. Therefore, Petitioner will proceed first to present
`
`its case as to the challenged claims, and may reserve rebuttal time. Patent
`
`Owner then will respond to Petitioner’s presentation and may argue its
`
`motion to exclude and reserve rebuttal time. Petitioner then may use the rest
`
`of its time to respond to Patent Owner’s presentation on all matters. Finally,
`
`Patent Owner may use any remaining time only to address issues raised by
`
`Petitioner regarding Patent Owner’s motion to exclude.
`
`The hearing will commence at 9:00 AM Eastern Time on October 25,
`
`2017. The hearing 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), demonstrative exhibits must be served at
`
`least seven business days prior to the hearing. The parties shall confer with
`
`each other regarding any objections to demonstrative exhibits, and file
`
`demonstrative exhibits with the Board at least two business days prior to the
`
`hearing. For any issue that cannot be resolved after conferring with the
`
`opposing party, the parties may file jointly a one-page list of objections at
`
`least two business days prior to the hearing. The list should identify with
`
`particularity which demonstrative exhibits are subject to objection and
`
`
`
`
`2
`
`
`
`
`
`IPR2016-01688
`Patent 9,300,792 B2
`
`include a short statement (no more than one sentence) of the reason for each
`
`objection. No argument or further explanation is permitted. We will
`
`consider the objections and schedule a conference call if necessary.
`
`Otherwise, we will reserve ruling on the objections until the hearing or after
`
`the hearing. Any objection to demonstrative exhibits that is not presented
`
`timely will be considered waived. Each party also shall provide a hard copy
`
`of its demonstrative exhibits to the court reporter at the hearing.
`
`The parties are directed to St. Jude Med., Cardiology Div., Inc. v.
`
`Board of Regents of the Univ. of Mich., Case IPR2013-00041 (PTAB
`
`Jan. 27, 2014) (Paper 65), 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.
`
`The Board expects lead counsel for Petitioner and Patent Owner to be
`
`present at the hearing, although any back-up counsel may make the actual
`
`presentation, in whole or in part. If lead counsel for any party will not be in
`
`attendance at the hearing, the Board should be notified via a joint conference
`
`call no later than two days prior to the hearing to discuss the matter.
`
`Requests for audio-visual equipment at the hearing are to be made
`
`five days in advance of the hearing date. The requests must be sent to
`
`Trials@uspto.gov. If the requests are not received timely, equipment may
`
`not be available on the day of the hearing. Further, 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
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`at 571-272-9797.
`
`
`
`
`3
`
`
`
`
`
`IPR2016-01688
`Patent 9,300,792 B2
`
`PETITIONER:
`
`Wayne O. Stacy
`Eliot D. Williams
`BAKER BOTTS L.L.P.
`wayne.stacy@bakerbotts.com
`eliot.williams@bakerbotts.com
`
`
`PATENT OWNER:
`
`Jesse Camacho
`Elena McFarland
`Ryan Dykal
`Christine Guastello
`Mary Peal
`Amy Foust
`SHOOK, HARDY & BACON L.L.P.
`jcamacho@shb.com
`emcfarland@shb.com
`rdykal@shb.com
`cguastello@shb.com
`telesignipr@shb.com
`afoust@shb.com
`
`
`
`
`
`4
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`
`
`
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