Bloomberg, Inc. v. Markets-Alert PTY Ltd.


Paper No. 63, December 5, 2013

CBM2013-00005 (Patent No. 7,941,357)

[During the oral arguments, Patent Owner may present arguments in support of its motion to amend claims, in which case Petitioner will be allowed to respond and Patent Owner will have the opportunity for rebuttal]

FACTS

Paper No. 63 is an ORDER by the PTAB for oral hearing.  Petitioner Bloomberg, Inc. and Patent Owner Markets-Alert PTY Ltd requested a hearing pursuant to 37 C.F.R. § 42.70(a). Patent owner also filed a motion to amend claims.

HOLDING

The Board granted the parties’ request for a hearing and patent owner’s request to amend claims, and set the following rules for the hearing pursuant in part to 37 C.F.R. § 42.70(a):

  • Each party will have 60 minutes total time to present their argument [Petitioner can reserve rebuttal time].
  • Petitioner proceeds first to present its case as to challenged claims.
  • Patent owner responds to Petitioner’s case and presents its own case with regard to motion to amend claims.
  • Petitioner then responds to Patent Owner’s case on all matters.
  • Patent owner may then respond to Petitioner only with regard to its motion to amend claims (if reserved time).

TAKEAWAY

Parties may request an oral argument on an issue raised in a paper pursuant to 37 C.F.R. § 42.70(a). Patent owner may also present arguments in support of motion to amend claims during the oral argument, in which case the petitioner will be allowed to respond to such argument and the moving party will, in turn, have the opportunity for rebuttal.

 

To view full Hearing Order click here.