Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 37
`Entered: July 15, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`IPA TECHNOLOGIES INC.,
`Patent Owner.
`____________
`
`Cases IPR2019-00810, IPR2019-00811,
`IPR2019-00812, IPR2019-00813, IPR2019-00814
`(Patent 6,851,115 B1)
`and
`Cases IPR2019-00835, IPR2019-00836,
`IPR2019-00837 (Patent 7,069,560 B1)
`_____________
`
`
`
`Before LYNNE E. PETTIGREW, MINN CHUNG, and KEVIN C. TROCK,
`Administrative Patent Judges.
`
`PER CURIAM.
`
`
`ORDER1
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 We issue one Order to be filed in each case. The parties are not authorized
`to use a multi-case caption.
`
`
`571-272-7822
`
`
`
`
`
`Paper 37
`Entered: July 15, 2020
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`IPA TECHNOLOGIES INC.,
`Patent Owner.
`____________
`
`Cases IPR2019-00810, IPR2019-00811,
`IPR2019-00812, IPR2019-00813, IPR2019-00814
`(Patent 6,851,115 B1)
`and
`Cases IPR2019-00835, IPR2019-00836,
`IPR2019-00837 (Patent 7,069,560 B1)
`_____________
`
`
`
`Before LYNNE E. PETTIGREW, MINN CHUNG, and KEVIN C. TROCK,
`Administrative Patent Judges.
`
`PER CURIAM.
`
`
`ORDER1
`Granting Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 We issue one Order to be filed in each case. The parties are not authorized
`to use a multi-case caption.
`
`
`
`IPR2019-00810, IPR2019-00811, IPR2019-00812, IPR2019-00813,
`IPR2019-00814 (Patent 6,851,115 B1) and Cases IPR2019-00835, IPR2019-
`00836, IPR2019-00837 (Patent 7,069,560 B1)
`
`
`
`On June 10, 2020, Petitioner and Patent Owner filed requests for oral
`argument in these proceedings. See Papers 32, 33.2 The parties request that
`oral argument in cases IPR2019-00810, -811, -812, -813, and -814, currently
`scheduled for July 27, 2020, be consolidated with the oral argument for
`cases IPR2019-00835, -836, and -837, currently scheduled for July 28, 2020,
`given the substantial similarity in the issues between the proceedings. Paper
`32, 1; Paper 33, 1. The parties request two hours (120 minutes) of argument
`per side for the consolidated hearing. Id. A conference call was held with
`counsel for the parties on July 14, 2020, to discuss the parties’ hearing
`requests and other matters. During the conference call, the parties agreed to
`a consolidated hearing for all eight cases to be held on two consecutive days,
`July 27 and 28, 2020, limited to two hours of hearing each day. The parties
`agreed to confer and make a recommendation about how the allotted time
`might best be utilized by the parties each day.
`The parties’ requests for oral argument are granted to the extent we
`describe herein, and a consolidated oral argument for all eight cases will be
`held by video conference on July 27 and 28, 2020, commencing at 1:00 p.m.
`Eastern Time for two (2) hours each day. The Board expects lead counsel
`for each party to be present. However, lead or backup counsel may put
`forward a party’s arguments. If either party anticipates that its lead counsel
`will not be present, the parties should initiate a joint telephone conference
`
`
`2 Citations are to IPR2019-00810 unless otherwise noted.
`
`2
`
`
`
`
`
`
`IPR2019-00810, IPR2019-00811, IPR2019-00812, IPR2019-00813,
`IPR2019-00814 (Patent 6,851,115 B1) and Cases IPR2019-00835, IPR2019-
`00836, IPR2019-00837 (Patent 7,069,560 B1)
`
`
`with the Board no later than two (2) business days prior to the oral hearing to
`discuss the matter.
`The parties are directed to contact the Board at least five (5) business
`days in advance of the hearing if there are any concerns about disclosing
`confidential information. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`To facilitate planning, each party must contact PTAB Hearings at
`PTABHearings@uspto.gov five (5) business days prior to the oral hearing
`date to receive video set-up information. As a reminder, all arrangements
`and the expenses involved with appearing by video, such as the selection of
`the facility from which a party will attend by video, must be borne by that
`party. If a video connection cannot be established, the parties will be
`provided with dial-in connection information, and the oral hearing will be
`conducted telephonically. No party may attend the hearing at any USPTO
`location.
`If one or both parties would prefer to participate in the oral hearing
`telephonically, they should notify PTAB Hearings at the above email
`address five (5) business days prior to the hearing to receive dial-in
`connection information.
`Each party will have one hundred twenty (120) minutes of total
`argument time for the consolidated hearing. Petitioner bears the ultimate
`burden of proof that the challenged claims are unpatentable. Therefore,
`subject to the parties’ recommendation, Petitioner will proceed first, and will
`3
`
`
`
`
`
`
`IPR2019-00810, IPR2019-00811, IPR2019-00812, IPR2019-00813,
`IPR2019-00814 (Patent 6,851,115 B1) and Cases IPR2019-00835, IPR2019-
`00836, IPR2019-00837 (Patent 7,069,560 B1)
`
`
`present its arguments with regard to the challenged claims and grounds on
`which we instituted trial. Petitioner may reserve some of its time for
`rebuttal. Patent Owner may respond to Petitioner’s arguments and present
`arguments with regard to Patent Owner’s Motion to Exclude, and may also
`reserve some of its time for rebuttal. Petitioner may then use its rebuttal
`time to respond to Patent Owner’s arguments, and Patent Owner may use its
`rebuttal time to respond to Petitioner’s arguments. As noted above, because
`this is a consolidated hearing being held over two consecutive days, the
`parties may recommend an agreed procedure for utilizing the allotted time
`for each day.
`Under 37 C.F.R. § 42.70(b), any demonstrative exhibits to be
`presented at the hearing should be served seven (7) business days before the
`hearing. The parties, however, have requested permission to stipulate to a
`shorter period of time in these cases, which we grant. Any demonstratives,
`however, shall be filed with the Board no later than three (3) business days
`before the hearing. Any objection to demonstrative exhibits should be
`resolved at least two (2) business days prior to the hearing by way of a joint
`telephone conference call to the Board. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived. For
`guidance on appropriate content in demonstrative exhibits, the parties are
`directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`IPR2013-00033, Paper 118 (PTAB Oct. 23, 2013).
`The panel will have access to all papers filed with the Board,
`including demonstratives. The parties are reminded that demonstratives are
`4
`
`
`
`
`
`
`IPR2019-00810, IPR2019-00811, IPR2019-00812, IPR2019-00813,
`IPR2019-00814 (Patent 6,851,115 B1) and Cases IPR2019-00835, IPR2019-
`00836, IPR2019-00837 (Patent 7,069,560 B1)
`
`
`for illustrative or explanatory purposes only and are not evidence
`themselves. During the oral hearing, the parties are advised to identify
`clearly and specifically each demonstrative referenced (e.g., by slide or
`screen number) to ensure the clarity and accuracy of the court reporter’s
`transcript. In addition, the parties are advised to identify themselves each
`time they speak. Furthermore, the remote nature of the oral hearing may
`result in an audio lag, and the parties are advised to observe a pause prior to
`speaking to avoid speaking over others.
`If the parties have any questions not specifically addressed above,
`they may contact the Board at PTABHearings@uspto.gov.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`5
`
`
`
`IPR2019-00810, IPR2019-00811, IPR2019-00812, IPR2019-00813,
`IPR2019-00814 (Patent 6,851,115 B1) and Cases IPR2019-00835, IPR2019-
`00836, IPR2019-00837 (Patent 7,069,560 B1)
`
`
`For PETITIONER:
`Joseph Micallef
`Scott Border
`SIDLEY AUSTIN LLP
`jmicallef@sidley.com
`sborder@sidley.com
`
`For PATENT OWNER:
`Steven Hartsell
`Alexander Gasser
`Sarah Spires
`SKIERMONT DERBY LLP
`shartsell@skiermontderby.com
`agasser@skiermontderby.com
`sspires@skiermontderby.com
`
`
`
`
`
`6
`
`
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