`Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 28
`Entered: February 9, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NETAPP, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES II LLC,
`Patent Owner.
`_______________
`
`Case IPR2017-00276
`Patent 6,633,945
`_______________
`
`
`Before JEFFREY S. SMITH, JENNIFER S. BISK, and
`BEVERLY M. BUNTING, Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2016-00276
`Patent 6,633,945
`
`
`On January 31, 2018, pursuant to 37 C.F.R. § 42.70, both Petitioner and
`
`Patent Owner requested oral hearing. Papers 25, 26. The requests for oral hearing
`
`are granted.
`
`Oral argument will be held on Thursday, March 1, 2018 on the ninth floor of
`
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, commencing at
`
`10:00 a.m. Eastern Time. Each party will have a total of thirty (30) minutes of
`
`argument time. Petitioner bears the ultimate burden of proof that the claims at
`
`issue are unpatentable. Therefore, Petitioner will proceed first to present its case
`
`with regard to the challenged claims and grounds on which we instituted trial in
`
`these proceedings. Patent Owner then will argue its opposition to Petitioner’s case.
`
`Finally, Petitioner may use any time it reserved to rebut Patent Owner’s
`
`opposition.
`
`The Board 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. Space in the
`
`hearing room is limited, and any attendees beyond five per party (including any
`
`attorneys who may be appearing) will be accommodated on a first-come, first-
`
`served basis.
`
`At least one member of the panel will be attending the hearing electronically
`
`from a remote location and will not be able to view the projection screen in the
`
`hearing room. Thus, if a demonstrative exhibit is not made available in advance or
`
`visible to the judge(s) presiding over the hearing remotely, that demonstrative
`
`exhibit will not be helpful. Each 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 for the
`
` 2
`
`
`
`
`
`
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`IPR2016-00276
`Patent 6,633,945
`
`benefit of the judge(s) presiding over the hearing remotely. A hard copy of the
`
`demonstratives, if filed, should be provided to the court reporter at the hearing.
`
`Also, the parties are reminded that, at the oral argument, they “may rely upon
`
`evidence that has been previously submitted in the proceeding and may only
`
`present arguments relied upon in the papers previously submitted.” Office Patent
`
`Trial Practice Guide, 77 Fed. Reg. 48,756, 48,768 (Aug. 14, 2012). “No new
`
`evidence or arguments may be presented at the oral argument.”
`
`At least seven (7) business days prior to the hearing, each party shall serve
`
`on the other party (and not file) any demonstrative it intends to use during the
`
`hearing. See 37 C.F.R. § 42.70(b). The parties should attempt to resolve any
`
`objections to demonstratives prior to involving the Board. If any objections
`
`remain, a party may raise them during the hearing as part of its allotted argument
`
`time. At least five (5) business days prior to the hearing, the parties shall provide
`
`the demonstratives to the Board by emailing them in portable document format
`
`(.pdf) to Trials@uspto.gov. The parties are directed to St. Jude Medical,
`
`Cardiology Division, Inc. v. The Board of Regents of the University of Michigan,
`
`No. IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65) for guidance regarding
`
`appropriate content of demonstratives.
`
`The Board expects lead counsel for each party to be present at the 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 the hearing, the Board should be
`
`notified via a joint telephone conference call no later than two (2) business days
`
`prior to the hearing to discuss the matter.
`
`Any special requests for audio visual equipment should be directed to
`
`Trials@uspto.gov at least five (5) days in advance of the hearing date. If the
`
` 3
`
`
`
`
`
`
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`IPR2016-00276
`Patent 6,633,945
`
`request is not received timely, the equipment may not be available on the day of
`
`the hearing. Questions regarding specific audio-visual equipment should be
`
`directed to the Board at (571) 272-9797.
`
`It is
`
`ORDERED that oral argument will commence at 10:00 AM ET on
`
`March 1, 2018.
`
` 4
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-00276
`Patent 6,633,945
`
`PETITIONER:
`
`Benjamin Weed
`Benjamin.weed.ptab@klgates.com
`
`Brian Ankenbrandt
`Brian.ankenbrandt@klgates.com
`
`Erik Halverson
`Erik.halverson@klgates.com
`
`PATENT OWNER:
`
`Lori Gordon
`Lgordon-ptab@skgf.com
`
`Steven Peters
`speters@skgf.com
`
`James Hietala
`jhietala@intven.com
`
`Tim Seeley
`tims@intven.com
`
`
`
`
`
`
` 5
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