`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`SONY INTERACTIVE ENTERTAINMENT LLC,
`Petitioner,
`
`v.
`
`BOT M8, LLC,
`Patent Owner.
`
`____________________
`
`Case IPR2020-01288
`U.S. Patent No. 7,664,988
`__________________________________________________________
`
`PATENT OWNER’S REQUEST FOR ORAL ARGUMENT
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2020-01288 (U.S. Patent No. 7,664,988)
`Patent Owner’s Request for Oral Argument
`
`
`Pursuant to 37 C.F.R. § 42.70(a) and the Board’s February 16, 2021,
`
`Scheduling Order (Paper 12), Patent Owner, Bot M8, LLC (“Patent Owner”),
`
`requests the opportunity to present oral argument in this matter. The oral argument
`
`is scheduled to be held on November 10, 2021. Paper 12 at 10.
`
`Patent Owner requests that each side be allocated sixty (60) minutes, which
`
`includes up to fifteen (15) minutes for sur-rebuttal. Without waiving consideration
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`of any issue not identified below, the hearing will address the following issues:
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`1. Whether Petitioner has met its burden of proving that Claims 1–9 of
`
`the ’988 Patent are unpatentable as obvious over:
`
`a.
`
`b.
`
`the combination of Sugiyama and Gatto, or
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`the combination of Morrow ’952 and Morrow ’771;
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`2. Whether Petitioner has met its burden of proving that Claims 2 and 7
`
`of the ’988 Patent are unpatentable as obvious over the combinations
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`of either Sugiyama and Gatto, or Morrow ’952 and Morrow ’771, in
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`view of Yamaguchi;
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`3. Whether Petitioner has met its burden of proving that Claim 8 of the
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`’988 Patent is unpatentable as obvious over the combinations of either
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`Sugiyama and Gatto, or Morrow ’952 and Morrow ’771, in view of
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`Yamaguchi and Proudler;
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`1
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`
`
`IPR2020-01288 (U.S. Patent No. 7,664,988)
`Patent Owner’s Request for Oral Argument
`
`
`4. Whether Petitioner has met its burden of proving that Claim 10 of the
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`’988 Patent is unpatentable as obvious over the combinations of either
`
`Sugiyama and Gatto, or Morrow ’952 and Morrow ’771, in view of
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`Cheston;
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`5.
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`6.
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`7.
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`8.
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`Patent Owner’s and Petitioner’s Motion to Exclude Evidence, if any;
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`Rebuttal of any arguments made by Petitioner;
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`Any additional issues on which the Board seeks clarification; and
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`Response to any issues Petitioner raises in its Request for Oral
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`Argument.
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`Patent Owner respectfully reserves the right to supplement and/or amend the
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`foregoing statement of issues to the extent the Rules permit.
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`Petitioner is the party with the burden of proof and will present first at the
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`oral hearing. Patent Owner will address any issues raised by Petitioner, or
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`questions raised by the Board during presentation.
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`Patent Owner understands it is likely that oral argument will be conducted
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`remotely by video or telephone in view of the ongoing COVID-19 coronavirus
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`pandemic. In the event that oral argument is conducted in-person, Patent Owner
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`requests the use of audio/visual equipment to display demonstrative exhibits,
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`including the use of a projector and screen.
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`
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`
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`2
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`
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`Dated: October 1, 2021
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`IPR2020-01288 (U.S. Patent No. 7,664,988)
`Patent Owner’s Request for Oral Argument
`
`
`
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`Respectfully submitted,
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: 650.752.1700 Fax: 650.752.1800
`
`Jonathan S. Caplan (Reg. No. 38,094)
`Jeffrey H. Price (Reg. No. 69,141)
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.7502 Fax: 212.715.8000
`
`
`
`
`
`(Case No. IPR2020-01288)
`
`Attorneys for Patent Owner
`
`3
`
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`
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`CERTIFICATE OF SERVICE
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`The undersigned certifies, in accordance with 37 C.F.R. § 42.6(e), that
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`service was made on the Petitioner as detailed below.
`
`Date of Service
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`October 1, 2021
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`Manner of Service Electronic Mail
`(eric.buresh@eriseip.com;
`jason.mudd@eriseip.com;
`callie.pendergrass@eriseip.com; and
`ptab@eriseip.com)
`Documents Served PATENT OWNER’S REQUEST
`FOR ORAL ARGUMENT
`
`Eric A. Buresh
`Jason R. Mudd
`Callie A. Pendergrass
`
`Persons Served
`
`
`
`/James Hannah/
`James Hannah
`Registration No. 56,369
`Lead Counsel for Patent Owner
`
`
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`4
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`
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