Trials@uspto.gov
`571-272-7822
`
`
` Paper 35
`
` Entered: February 15, 2018
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`EMC CORPORATION, LENOVO (UNITED STATES) INC.,
`and NETAPP, INC.,
`Petitioner,
`
`v.
`
`INTELLECTUAL VENTURES I LLC,
`Patent Owner.
`____________
`
`Cases
`IPR2017-00374
`IPR2017-00439
`Patent 8,275,827 B2
`____________
`
`
`
`Before JEFFREY S. SMITH, GEORGIANNA W. BRADEN, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`Per Curiam.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`

`

`IPR2017-00374, IPR2017-00439
`Patent 8,275,827 B2
`
`
`The parties request oral argument pursuant to 37 C.F.R. § 42.70.1 The
`requests are GRANTED. One hearing will be held for both proceedings.
`Oral argument will be held on Monday, March 5, 2018 on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, commencing at
`12:00 p.m. Eastern Time.2 Each party will have 45 minutes of total argument time.
`Petitioner bears the ultimate burden of proof that the claims at issue in each review
`are unpatentable. 35 U.S.C. § 316(e). Petitioner will proceed first to present its
`case with regard to the claims on which trial was instituted. Thereafter, Patent
`Owner may respond to Petitioner’s case and argue its own Motions, if any, and
`then Petitioner may use any of its remaining time for rebuttal regarding the
`challenged claims. Each party may reserve rebuttal time to address arguments
`made by the opposing party at the oral hearing with respect to issues on which the
`party reserving time has the burden of persuasion.
`The Board will provide a court reporter for the hearing, and the reporter’s
`transcript will constitute the official record of the hearing. No live testimony from
`any witness will be taken at the oral argument. The hearing will be open to the
`public for in-person attendance. Attendees will be accommodated on a first-come,
`first-served basis. If the parties have any concern about disclosing confidential
`information, they are to contact the Board at least 10 days in advance of the
`hearing to discuss the matter. Any counsel of record may present the party’s
`argument.
`
`
`1 Papers 30 and 31 in IPR2017-00374; Papers 27 and 28 in IPR2017-00439.
`2 In the Scheduling Orders, oral argument was set for March 1, 2018. By
`subsequent Order, the date was changed to March 5, 2018. IPR2017-00374,
`Paper 28, 2; IPR2017-00439, Paper 25, 2.
`2
`
`
`
`

`

`IPR2017-00374, IPR2017-00439
`Patent 8,275,827 B2
`
`
`Any demonstrative exhibits must be served seven business days before the
`hearing. 37 C.F.R. § 42.70(b). Demonstrative exhibits are not evidence and
`may not introduce new evidence or arguments. Instead, demonstrative exhibits
`should cite to evidence in the record. 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. The parties must file any objections to the
`demonstratives with the Board at least two business days before the hearing. Any
`objection to demonstrative exhibits that is not presented timely will be considered
`waived. The objections should identify with particularity which demonstratives
`are subject to objection and include a short (one sentence or less) statement of the
`reason for each objection. No argument or further explanation is permitted. The
`Board will consider the objections and schedule a conference if deemed necessary.
`Otherwise, the Board will reserve ruling on the objections until after the oral
`argument. Demonstratives should be filed at the Board no later than two days
`before the hearing. A hard copy of the demonstratives should be provided to the
`court reporter at the hearing.
`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 at least five (5) business 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 during the
`hearing to ensure the clarity and accuracy of the reporter’s transcript. The parties
`also should note that two members of the panel will be attending the hearing
`
`
`
`3
`
`

`

`IPR2017-00374, IPR2017-00439
`Patent 8,275,827 B2
`
`electronically from a remote location and that, if a demonstrative is not filed or
`otherwise made fully available or visible to the judges presiding over 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.
`
`
`PETITIONER:
`
`Peter M. Dichiara
`Michael Smith
`WILMERHALE
`peter.dichiara@wilmerhale.com
`michaelh.smith@wilmerhale.com
`
`Christopher Centurelli
`Benjamin Weed
`K&L GATES LLP
`christopher.centurelli@klgates.com
`benjamin.weed.ptab@klgates.com
`
`PATENT OWNER:
`
`Lori A. Gordon
`Byron L. Pickard
`Daniel Block
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`lgordon-PTAB@skgf.com
`bpickard-PTAB@skgf.com
`dblock-ptab@skgf.com
`
`James R. Hietala
`Tim R. Seeley
`INTELLECTUAL VENTURES
`jhietala@intven.com
`tim@intven.com
`
`
`
`
`4
`
`