`Tel: 571-272-7822
`
`
`Paper 41
`Entered: July 5, 2018
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FANDUEL, INC.
`DRAFTKINGS, INC.
`BWIN.PARTY DIGITAL ENTERTAINMENT PLC,
`Petitioner,
`v.
`CG TECHNOLOGY DEVELOPMENT, LLC,
`Patent Owner.
`
`Case IPR2017-00902
`Patent RE39,818 E
`
`
`Before THOMAS L. GIANNETTI, BARRY L. GROSSMAN, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`GROSSMAN, Administrative Patent Judge.
`
`
`ORDER
`Conduct of the Proceedings
`Oral Argument
`37 C.F.R. § 42.5
`
`
`
`IPR2017-00902
`Patent RE39,818 E
`
`
`The parties requested oral argument in these proceedings pursuant to
`37 C.F.R. § 42.70. Papers 29, 32. The requests are granted.
`
`Oral Argument
`Oral argument for these proceedings will be conducted on July, 16,
`2018, at 10:00 AM Eastern Time, on the ninth floor of Madison Building
`East, 600 Dulany Street, Alexandria, Virginia. Each party will have one
`hour of total argument time.
`Petitioner bears the ultimate burden of proof that the claims at issue in
`this review are unpatentable. Therefore, Petitioner will proceed first to
`present its case with regard to the challenged claims on which we instituted
`trial. Thereafter, Patent Owner will respond. After that, Petitioner may
`make use of any reserved or remaining time of its allocated time responding
`to Patent Owner. Outstanding Motions will be argued during the moving
`party’s allotted time.
`There is a strong public policy interest in making all information
`presented in these proceedings public, as the review determines the
`patentability of claims in an issued patent and thus affects the rights of the
`public. Accordingly, the oral hearing will be open to the public for in-
`person attendance. Attendance will be accommodated on a first come, first
`serve basis.
`The Board will provide a court reporter for the hearing. The
`reporter’s transcript will constitute the official record of the hearing.
`
`Demonstratives
`Demonstratives, if used, are aids in support of oral argument; they are
`not evidence in the review. They will not become part of the official record
`of this review other than via the transcript of oral argument. If
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`IPR2017-00902
`Patent RE39,818 E
`
`demonstratives are to be used during oral argument, they should be
`exchanged by email at least five days before oral argument. Copies should
`also be sent at the same time by email (not filed via electronic filing) to the
`Board. 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 5 days in advance of the hearing date. The
`request is to be sent directly 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 are directed to CBS Interactive Inc. v. Helferich Patent
`Licensing, LLC, IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the
`appropriate content of demonstrative exhibits. Any issue regarding
`demonstrative exhibits should be resolved at least two business days prior to
`the hearing by way of a joint telephone conference call to the Board. The
`parties are responsible for requesting such a conference sufficiently in
`advance of the hearing to accommodate this requirement. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived.
`The Board expects lead counsel for each party to be present in person
`at the oral hearing. However, lead or backup counsel may present the
`party’s argument. If either party anticipates that its lead counsel will not be
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`IPR2017-00902
`Patent RE39,818 E
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`attending the oral hearing, the parties should initiate a joint telephone
`conference with the Board no later than two business days prior to the oral
`hearing to discuss the matter.
`
`
`
`
`PETITIONER:
`
`Eric Buresh
`ERISE IP, P.A.
`Eric.buresh@eriseip.com
`
`Jonathan Berschadsky
`FITZPATRICK, CELLA, HARPER & SCINTO
`jberschadsky@merchantgould.com
`
`Adam Yowell
`BROWNSTEIN HYATT FARBER SCHRECK, LLP
`ayowell@bhfs.com
`
`
`PATENT OWNER:
`
`Joshua Goldberg
`James Barney
`Scott Allen
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`Joshua.goldberg@finnegan.com
`James.barney@finnegan.com
`Scott.allen@finnegan.com
`
`
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`4
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