`Tel: 571-272-7822
`
`
` Paper No. 35
` Mailed August 17, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`MASABI LTD.,
`Petitioner,
`
`v.
`
`BYTEMARK, INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-01449
`Patent 8,494,967 B2
`_______________
`
`
`
`Before JOSIAH C. COCKS, NEIL T. POWELL, and
`BARRY L. GROSSMAN, Administrative Patent Judges.
`
`
`GROSSMAN, Administrative Patent Judge.
`
`
`
`ORDER
`Conduct of the Proceeding
`Oral Argument
`37 C.F.R. § 42.5
`
`
`
`IPR2017-01449
`Patent 8,494,967 B2
`
`
`The parties requested oral argument pursuant to 37 C.F.R. § 42.70.
`See Papers 24, 30.. The requests are granted.
`
`Oral Argument
`Oral argument for these proceedings will be conducted on August, 22,
`2018, beginning at 9:00 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 argument with regard to the challenged claims remaining in this
`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 may 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
`served 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 are not required. Demonstratives, if used, are aids in
`support of oral argument; they are not evidence or exhibits in the review.
`They will not become part of the official record of this review other than via
`
`2
`
`
`
`IPR2017-01449
`Patent 8,494,967 B2
`
`the transcript of oral argument. Only demonstratives that are specificaaly
`discussed by counsel will be considered as part of the argument.
`If demonstratives are to be used during oral argument, they should be
`exchanged with opposing counsel by email no later than Noon Eastern Time,
`Monday, August 20, 2018. 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 oral argument.
`The pages of each demonstrative should be numbered.
`Demonstratives should be clearly marked as such. For example, each slide
`of a demonstrative may be marked with the words “DEMONSTRATIVE –
`NOT EVIDENCE” in the footer. The parties are reminded that the presenter
`must identify clearly and specifically each demonstrative (e.g., by slide or
`screen number) referenced during the oral argument to ensure the clarity and
`accuracy of the transcript.
`Demonstratives cannot be used to advance arguments or introduce
`evidence not previously presented in the record. See Dell Inc. v. Acceleron,
`LLC, 884 F.3d 1364, 1369 (Fed. Cir. 2018) (noting that the “Board was
`obligated to dismiss [the petitioner’s] untimely argument . . . raised for the
`first time during oral argument”).
`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 no later than Noon Eastern Time, Monday,
`August 20, 2018. 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.
`
`3
`
`
`
`IPR2017-01449
`Patent 8,494,967 B2
`
`
`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
`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.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2017-01449
`Patent 8,494,967 B2
`
`PETITIONER:
`
`Douglas P. LaLone
`Thomas E. Donohue
`FISHMAN STEWART PLLC
`DLalone@fishstewip.com
`TDonohue@fishstewip.com
`
`PATENT OWNER:
`
`Jennifer Meredith
`MEREDITH & KEYHANI, PLLC
`jmeredith@meredithkeyhani.com
`
`5
`
`
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