Trials@uspto.gov Paper: 37
`571-272-7822 Entered: June 14, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVEPOINT, INC.,
`Petitioner,
`
`v.
`
`ONETRUST, LLC,
`Patent Owner.
`____________
`
`Case PGR2018-00056
`Patent 9,691,090 B1
`____________
`
`
`Before BART A. GERSTENBLITH, CARL M. DEFRANCO, and
`MATTHEW S. MEYERS, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`ORDER
`Granting Request for Oral Hearing
`37 C.F.R. § 42.70
`
`Both AvePoint, Inc. (“AvePoint”) and OneTrust, LLC (“OneTrust”)
`request an oral hearing pursuant to 37 C.F.R. § 42.70(a). Papers 33, 35. The
`requests are granted.
`
`
`571-272-7822 Entered: June 14, 2019
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AVEPOINT, INC.,
`Petitioner,
`
`v.
`
`ONETRUST, LLC,
`Patent Owner.
`____________
`
`Case PGR2018-00056
`Patent 9,691,090 B1
`____________
`
`
`Before BART A. GERSTENBLITH, CARL M. DEFRANCO, and
`MATTHEW S. MEYERS, Administrative Patent Judges.
`
`DEFRANCO, Administrative Patent Judge.
`
`
`ORDER
`Granting Request for Oral Hearing
`37 C.F.R. § 42.70
`
`Both AvePoint, Inc. (“AvePoint”) and OneTrust, LLC (“OneTrust”)
`request an oral hearing pursuant to 37 C.F.R. § 42.70(a). Papers 33, 35. The
`requests are granted.
`
`
`
`PGR2018-00056
`Patent 9,691,090 B1
`
`
`The hearing will commence at 1:00 PM Eastern Time, on June 28,
`2019, at Madison Building East (9th floor), 600 Dulany Street, Alexandria,
`Virginia. The hearing will be open to the public, and seating will be
`accommodated on a first-come, first-served basis. The Board will provide a
`court reporter at the hearing, and the reporter’s transcript will constitute the
`official record of the hearing. At the beginning of the hearing, each party
`will provide the court reporter with a hard copy of any demonstrative
`exhibits. The parties are directed to refrain from disclosing any confidential
`information during the hearing or including any confidential information in a
`demonstrative exhibit. If the parties have any concern about disclosing
`confidential information, they must contact the Board at least three (3)
`business days before the hearing to discuss the matter.
`Each party will have a total of sixty (60) minutes to present their case.
`The parties are responsible for allocating their total presentation time,
`including argument on any pending motions or procedural matters. A party
`may only present argument and evidence at the hearing for which there is
`proper foundation in the record. AvePoint, as petitioner, bears the ultimate
`burden of proof that the claims as challenged in the petition are
`unpatentable. Thus, AvePoint will proceed first by having up to sixty (60)
`minutes to present its case as to why the challenged claims are unpatentable.
`OneTrust will follow with up to sixty (60) minutes to respond. Before
`commencing their presentation, a party may reserve time for rebuttal.
`At least five (5) business days prior to the hearing, each party shall
`serve on the other party any demonstrative exhibits it intends to use during
`the hearing. See 37 C.F.R. § 42.70(b). Demonstrative exhibits are not
`evidence and may not introduce new evidence or arguments. Demonstrative
`
`2
`
`
`
`PGR2018-00056
`Patent 9,691,090 B1
`
`exhibits should be clearly marked as such. For example, each slide may be
`marked with the words “DEMONSTRATIVE EXHIBIT – NOT
`EVIDENCE” in the footer. Demonstrative exhibits should be submitted to
`the Board no later than three (3) business days before the hearing. Any
`demonstrative exhibit not served on a party or submitted to the Board may
`not be used during the hearing.
`The parties must meet and confer in good faith to resolve any
`objections to the propriety of any demonstrative exhibit. Any objection that
`is not timely presented will be deemed waived. If any objections to
`demonstrative exhibits cannot be resolved, the objecting party may file a
`statement of objections with the Board at least three (3) business days
`before the hearing. The statement of objections should identify with
`particularity each demonstrative exhibit subject to objection and include a
`brief statement (no more than a few sentences) of the reason for such
`objection. No argument or further explanation is permitted. Nor is a party
`permitted to file a response to the statement of objections.
`The Board will consider the statement of objections and schedule a
`conference call if necessary. Otherwise, the Board will reserve ruling on the
`objections until the time of the hearing. The parties are advised to limit
`objections to demonstrative exhibits to egregious violations that are
`prejudicial to the administration of justice. Generally, if the content of a
`slide cannot be readily associated with an argument made, or evidence
`referenced, in a substantive paper of record, the slide is inappropriate.
`Conversely, if the content of a slide can be readily associated with an
`argument made, or evidence referenced, in a substantive paper, it is proper.
`
`3
`
`
`
`PGR2018-00056
`Patent 9,691,090 B1
`
`Ideally, parties should indicate on each slide where support may be found in
`a substantive paper and/or exhibit of record.
`At least one judge on the panel will be hearing the case from a remote
`location and may not be able to view the projection screen in the hearing
`room. Thus, during the hearing, counsel must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced to ensure clarity and accuracy of the transcript. The parties may
`only rely upon evidence that has been previously submitted in the
`proceeding and may only present arguments that have been previously made
`in the submitted papers. No new evidence or arguments may be presented at
`the hearing. Nor will live testimony be permitted at the hearing.
`The Board expects lead counsel for each party to be present in person
`at the hearing. Any counsel of record, however, may present the party’s
`case. If either party expects that its lead counsel will not be attending the
`hearing, the parties should initiate a joint conference call with the Board no
`later than three (3) business days prior to the hearing to discuss the matter.
`Any special requests for audiovisual equipment should be directed to
`Trials@uspto.gov no later than five (5) business days before the hearing. If
`the request is not received timely, the equipment may not be available on the
`day of the hearing.
`It is hereby
`ORDERED that, subject to the procedures set forth above, the parties’
`requests for oral hearing are granted; and
`FURTHER ORDERED that an oral hearing, conducted in accordance
`with the procedures set forth above, shall commence at 1:00 PM Eastern
`Time on June 28, 2019.
`
`4
`
`
`
`
`
`
`
`PGR2018-00056
`Patent 9,691,090 B1
`
`
`FOR PETITIONER:
`Nathan A. Evans
`WOODS ROGERS PLC
`nevans@woodsrogers.com
`
`FOR PATENT OWNER:
`David A. Reed
`Michael T. Morlock
`KILPATRICK TOWNSEND & STOCKTON LLP
`dreed@kilpatricktownsend.com
`mmorlock@kilpatricktownsend.com
`Scott E. Brient
`BRIENT IP LAW, LLC
`sbrient@brientip.com
`
`
`
`
`
`5
`
`
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