Trials@uspto.gov
`571–272–7822
`
`Paper 41
`Entered: October 26, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TELESIGN CORPORATION,
`Petitioner,
`
`v.
`
`TWILIO INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-01976 (Patent 8,837,465 B2)
`Case IPR2017-01977 (Patent 8,755,376 B2)1
`_______________
`
`Before ROBERT J. WEINSCHENK, KIMBERLY MCGRAW, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`1 This Order pertains to both of these cases. Therefore, we exercise our
`discretion to issue a single Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`571–272–7822
`
`Paper 41
`Entered: October 26, 2018
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`TELESIGN CORPORATION,
`Petitioner,
`
`v.
`
`TWILIO INC.,
`Patent Owner.
`_______________
`
`Case IPR2017-01976 (Patent 8,837,465 B2)
`Case IPR2017-01977 (Patent 8,755,376 B2)1
`_______________
`
`Before ROBERT J. WEINSCHENK, KIMBERLY MCGRAW, and
`SCOTT C. MOORE, Administrative Patent Judges.
`
`WEINSCHENK, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`35 U.S.C. § 316(a)(10) and 37 C.F.R. § 42.70
`
`1 This Order pertains to both of these cases. Therefore, we exercise our
`discretion to issue a single Order to be filed in each case. The parties are not
`authorized to use this style heading for any subsequent papers.
`
`
`
`IPR2017-01976 (Patent 8,837,465 B2)
`IPR2017-01977 (Patent 8,755,376 B2)
`
`
`The Scheduling Orders for the above-listed cases set the date for the
`
`oral hearing as November 15, 2018. Paper 12, 6.2 Each party requested an
`
`oral hearing pursuant to 37 C.F.R. § 42.70. Papers 35, 38. The parties’
`
`requests for an oral hearing are granted.
`
`The hearing will commence at 1:00 PM ET on November 15, 2018,
`
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. The hearing will be open to the public for in-person attendance
`
`that will be accommodated on a first-come, first-served basis. The Board
`
`will provide a court reporter for the hearing, and the reporter’s transcript will
`
`constitute the official record of the hearing.
`
`The above-listed cases involve the same parties. The Scheduling
`
`Orders for both cases were synchronized, and the oral hearings are
`
`scheduled for the same day. Paper 12, 6. As the parties requested (Papers
`
`35, 38), the oral hearings for the above-listed cases will be conducted at the
`
`same time, i.e., not in seriatim.
`
`Each party will have a total of sixty (60) minutes to present any
`
`arguments relating to the above-listed cases. Petitioner bears the ultimate
`
`burden of proof that the claims under review in these cases are unpatentable.
`
`Therefore, Petitioner will proceed first, and Patent Owner will follow.
`
`Petitioner may then use any time Petitioner reserved for rebuttal. Absent
`
`special circumstances, Petitioner will not be permitted to reserve for rebuttal
`
`more than half the total time allotted for argument. Patent Owner may
`
`request a brief sur-rebuttal.
`
`
`2 We cite to the record in IPR2017-01976, unless otherwise noted.
`
`2
`
`
`
`IPR2017-01976 (Patent 8,837,465 B2)
`IPR2017-01977 (Patent 8,755,376 B2)
`
`
`The parties shall serve any demonstrative exhibits upon each other at
`
`least seven (7) business days prior to the hearing. The parties also shall
`
`provide the demonstrative exhibits to the Board at least five (5) business
`
`days prior to the hearing by emailing them to Trials@uspto.gov.
`
`Notwithstanding 37 C.F.R. § 42.70(b), the parties shall not file any
`
`demonstrative exhibits without prior authorization.
`
`The parties should note that at least one member of the panel may be
`
`attending the hearing electronically from a remote location and that, if a
`
`demonstrative is not submitted by email prior to the hearing, it may not be
`
`fully available or visible to any judges attending remotely. The parties are
`
`reminded that the presenter must identify clearly and specifically any
`
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`
`hearing to ensure the ability of all judges to follow the presenter’s
`
`arguments. The parties also should note that a panel member appearing
`
`remotely will not be able to hear the parties unless they speak into the
`
`microphone at the podium. If the parties have questions as to whether
`
`demonstrative exhibits would be sufficiently available and visible to all of
`
`the judges, the parties are invited to contact the Board.
`
`Demonstrative exhibits used at the hearing are aids to oral argument
`
`and not evidence, and should be clearly marked as such. For example, each
`
`slide of a demonstrative exhibit may be marked with the words
`
`“DEMONSTRATIVE EXHIBIT – NOT EVIDENCE” in the footer.
`
`Demonstrative exhibits cannot be used to advance arguments or introduce
`
`evidence not previously presented in the record.
`
`The parties are encouraged to resolve objections by exchanging
`
`proposed demonstrative exhibits and conferring prior to submitting the
`
`3
`
`
`
`IPR2017-01976 (Patent 8,837,465 B2)
`IPR2017-01977 (Patent 8,755,376 B2)
`
`exhibits to the Board. Objections to demonstratives should be carefully
`
`considered and framed as the Board has not found that such objections are
`
`helpful in many cases. If any objections cannot be resolved, the parties must
`
`initiate a conference call with the Board at least two (2) business days prior
`
`to the hearing. Any objection to demonstrative exhibits that are not timely
`
`presented at least two (2) business days prior to the hearing will be
`
`considered waived.
`
`We expect lead counsel for each party to attend the hearing. Office
`
`Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,758 (Aug. 14, 2012).
`
`However, any counsel of record may present the party’s arguments. If either
`
`party anticipates that its lead counsel will not attend the hearing, the parties
`
`shall request and make themselves available for a conference call with the
`
`Board to occur no later than two (2) business days prior to the hearing to
`
`discuss the reasons for that lead counsel’s absence.
`
`Any requests regarding special equipment or needs, such as 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 identified email address not less than five (5)
`
`business days before the hearing.
`
`4
`
`
`
`IPR2017-01976 (Patent 8,837,465 B2)
`IPR2017-01977 (Patent 8,755,376 B2)
`
`PETITIONER:
`
`Jesse J. Camacho
`Elena K. McFarland
`Christine Guastello
`Mary J. Peal
`SHOOK, HARDY & BACON L.L.P.
`jcamacho@shb.com
`emcfarland@shb.com
`cguastello@shb.com
`mpeal@shb.com
`
`
`PATENT OWNER:
`
`Wayne Stacy
`Sarah Guske
`Michelle Jacobson Eber
`Jay B. Schiller
`BAKER BOTTS L.L.P.
`wayne.stacy@bakerbotts.com
`sarah.guske@bakerbotts.com
`michelle.eber@bakerbotts.com
`jay.schiller@bakerbotts.com
`
`5
`
`
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