`571-272-7822
`
`
` Paper 34
`
` Entered: July 16, 2019
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`ZSCALER INC.,
`Petitioner,
`
`v.
`
`SYMANTIC CORPORATION
`Patent Owner.
`____________
`
`Case IPR2018-00916 (Patent 7,360,249 B1)
`Case IPR2018-00920 (Patent 9,525,696 B2)
`____________
`
`
`
`Before JEFFREY S. SMITH, BRYAN F. MOORE, and NEIL T. POWELL,
`Administrative Patent Judges.
`
`SMITH, Administrative Patent Judge.
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`IPR2018-00916 (Patent 7,360,249 B1)
`IPR2018-00920 (Patent 9,525,696 B2)
`
`
`On July 12, 2019, Petitioner filed a request for oral argument pursuant to 37
`C.F.R. § 42.70 in IPR 2018-00916 (Paper 31) and IPR2018-00920 (Paper 29). The
`requests are GRANTED.
`The hearings will be held on Thursday, August 8, 2019, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia, commencing at
`2:00 p.m. Eastern Time. As proposed by Petitioner, each party will have 30
`minutes of total argument time for each hearing. We will first hear IPR2018-
`00916, then we will hear IPR2018-00920. We will have a five minute break
`between the hearings.
`Petitioner bears the ultimate burden of proof that the claims at issue in this
`review are unpatentable. 35 U.S.C. § 316(e). For each hearing, Petitioner will
`proceed first to present arguments with regard to the claims on which trial was
`instituted. Thereafter, Patent Owner may respond to Petitioner’s arguments and
`argue its own Motions, if any, and then Petitioner may use any of its remaining
`time for rebuttal regarding the challenged claims. Should Patent Owner request a
`sur-rebuttal, we will consider such request at the hearing.
`The Board will provide a court reporter, and the reporter’s transcript will
`constitute the official record of the hearing. No live testimony from any witness
`will be taken at the hearings. The hearings 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 hearings to discuss the matter.
`Any counsel of record may present the party’s argument, but the Board expects
`lead counsel for each party to be present at the hearings. If either party anticipates
`that its lead counsel will not be present, the parties should initiate a joint telephone
`conference with the Board at least two days before the hearings.
`
`
`
`2
`
`
`
`IPR2018-00916 (Patent 7,360,249 B1)
`IPR2018-00920 (Patent 9,525,696 B2)
`
`
`Any demonstrative exhibits must be served seven business days before the
`hearings. 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 shall confer regarding any objection
`either party has to the other party’s demonstrative exhibits and attempt to resolve
`the objections. Should the objections not be resolved, 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 business days before the hearings. A hard copy of the demonstratives should
`be provided to the court reporter at the hearings.
`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
`
`
`
`3
`
`
`
`IPR2018-00916 (Patent 7,360,249 B1)
`IPR2018-00920 (Patent 9,525,696 B2)
`
`demonstrative exhibit (e.g., by slide or screen number) referenced during the
`hearing to ensure the clarity and accuracy of the reporter’s transcript.
`
`
`
`
`
`
`PETITIONER:
`
`Donald Daybell
`Jeremy Lang
`Johannes Hsu
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`ptabdocketjjl2@orrick.com
`PTABDocketJ1H1@orrick.com
`d2dptabdocket@orrick.com
`
`
`PATENT OWNER:
`
`Chad Walters
`Kurt Pankratz
`Morgan E. Grissum
`Bryan Parrish
`BAKER BOTTS L.L.P.
`chad.walters@bakerbotts.com
`kurt.pankratz@bakerbotts.com
`morgan.grissum@bakerbotts.com
`bryan.parrish@bakerbotts.com
`
`
`
`
`
`
`
`4
`
`