`Tel: 571-272-7822
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`Paper No. 28
`Entered: April 25, 2018
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`RPX CORPORATION AND VIMEO, INC.,
`Petitioner,
`
`v.
`
`LINK ENGINE TECHNOLOGIES LLC,
`Patent Owner.
`____________
`
`Case IPR2017-00886
`Patent 7,480,694 B2
`
`
`Before RAMA G. ELLURU, SCOTT A. DANIELS, and
`DANIEL J. GALLIGAN, Administrative Patent Judges.
`
`DANIELS, Administrative Patent Judge.
`
`
`ORDER
`Request for Oral Argument
`37 C.F.R. § 42.70
`
`The Scheduling Order for this case sets the date for oral hearing as
`May 8, 2018, if a hearing is requested by the parties and granted by the
`panel. See IPR2017-00886, Paper 10. Both parties have requested oral
`hearing pursuant to 37 C.F.R. § 42.70. Papers 24, 27. The requests are
`granted.
`Oral arguments will commence at 1:00 pm Eastern Time on May 8,
`2018, on the ninth floor of Madison Building East, 600 Dulany Street,
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`IPR2017-00886
`Patent 7,480,694 B2
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`Alexandria, Virginia. Each party will have 45 minutes total time to present
`arguments. Petitioner bears the ultimate burden of proof that Patent
`Owner’s claims at issue in this review are unpatentable. Therefore,
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims for which the Board instituted trial. After Petitioner’s
`presentation, Patent Owner will respond to Petitioner’s argument. Petitioner
`may reserve rebuttal time to respond to arguments presented by Patent
`Owner.
`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 that will be
`accommodated on a first-come, first-served basis.
`Under 37 C.F.R. § 42.70(b), the parties shall serve any demonstrative
`exhibits upon each other at least five business days prior to the hearing. The
`parties also shall provide the demonstrative exhibits to the Board at least five
`business days prior to the hearing by emailing them to Trials@uspto.gov.
`The parties shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board.
`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 timely presented 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
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`IPR2017-00886
`Patent 7,480,694 B2
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`reserve ruling on the objections until after the oral argument. The parties are
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`Regents of the University of Michigan, IPR2013-00041 (PTAB Jan. 27,
`2014) (Paper 65) for guidance 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 parties also should note that two
`members of the panel proceeding will be attending the hearings
`electronically from a remote location and that, if a demonstrative is not made
`available to a judge presiding over the hearing remotely, that demonstrative
`will not be considered.
`Any counsel of record may present the party’s argument. From Patent
`Owner’s email of April 24, 2018, lead counsel from Patent Owner will not
`be attending oral hearing. If either party expects any other changes the
`parties should initiate a joint telephone conference with the panel no later
`than two business days prior to the oral hearing to discuss the matter.
`Any special requests for audio visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication directed to the above email
`address not less than five days before the hearing.
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`IPR2017-00886
`Patent 7,480,694 B2
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`For PETITIONER:
`
`Andrew M. Mason
`Deakin T. Lauer
`KLARQUIST SPARKMAN, LLP
`andrew.mason@klarquist.com
`deakin.lauer@klarquist.com
`docketing@klarquist.com
`
`For PATENT OWNER:
`
`William B. Chadwick
`Timothy M. Salmon
`PIA ANDERSON MOSS HOYT
`wchadwick@pamhlaw.com
`tsalmon@empirellc.com
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