`571-272-7822 Date Entered: December 20, 2013
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
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`MUNCHKIN, INC. AND TOYS “R” US, INC.
`Petitioners
`
`v.
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` LUV N’ CARE, LTD.
`Patent Owner
`____________
`
`Case IPR2013-00072
`Patent D617,465
`____________
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`
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`
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`Before JENNIFER S. BISK, BENJAMIN D. M. WOOD, and
`MICHAEL J. FITZPATRICK, Administrative Patent Judges.
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`BISK, Administrative Patent Judge.
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`
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`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.10
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`Case IPR2013-00072
`Patent D617,465
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`The Scheduling Order in this proceeding set the date for oral hearing for
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`January 22, 2014, if a hearing was requested by either party and granted by the
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`Board. Paper 9.
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`Petitioner requested oral hearing pursuant to 37 C.F.R. § 42.70. Paper 21.
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`The request for oral hearing is granted. Each party will have one hour to present
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`arguments.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s sole claim
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`at issue in this review is unpatentable. Patent Owner bears the burden of proof
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`with respect to its motion to amend (Paper 13). Petitioner will open the hearing by
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`presenting its case regarding the challenged claim for which the Board instituted
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`trial. Patent Owner will then respond to Petitioner’s argument and also argue in
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`support of its motion to amend claims. Each party may reserve time to respond to
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`arguments presented by the other party with some limitations. More specifically,
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`to the extent that Petitioner reserves time, it may respond to Patent Owner’s
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`presentation on all matters. To the extent that Patent Owner reserves time, it may
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`respond to Petitioner’s arguments opposing the motion to amend claims.
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`The hearing will commence at 1:00 PM, on January 22, 2014, on the ninth
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`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia. The
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`Board will provide a court reporter for the hearing and the reporter’s transcript will
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`constitute the official record of the hearing. There are no motions to seal in the
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`present proceeding. Accordingly, the Board exercises its discretion to make the
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`final hearing publically available via in-person attendance. The hearing will be
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`open to the public for in-person attendance that will be accommodated on a first-
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`come, first-served basis.
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`The parties are reminded that under 37 C.F.R. § 42.53(f)(7), a proponent of
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`deposition testimony must file such testimony as an exhibit. The Board will not
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`2
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`Case IPR2013-00072
`Patent D617,465
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`consider any deposition testimony that has not been so filed. Furthermore, under
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`37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least five business
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`days before the hearing. The Board requests that such exhibits be filed at the
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`Board at least five business days before the hearing. The parties must initiate a
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`conference call with the Board at least two business days before the hearing to
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`present any objection regarding the propriety of any demonstrative exhibit. Any
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`objection to demonstrative exhibits that is not timely presented will be considered
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`waived.
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`The Board expects lead counsel for each party to be present in person at the
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`oral hearing. However, any counsel of record may present the party’s argument. If
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`either party anticipates that its lead counsel will not be attending the oral argument,
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`the parties should initiate a joint telephone conference with the Board no later than
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`two business days prior to the oral hearing to discuss the matter.
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`Any special requests for audio visual equipment should be directed to the
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`hearings clerk at 571-272-9797.
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`3
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`Case IPR2013-00072
`Patent D617,465
`
`
`PETITIONER:
`
`A. Poplin
`Lathrop & Gage LLP
`JPoplin@LathropGage.com
`
`Dane Baltich
`Alston & Bird, LLP
`Dane.baltich@alston.com
`
`PATENT OWNER:
`
`Morris Cohen
`Goldberg Cohen, LLP
`mcohen@goldbergcohen.com
`
`
`
`4
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`
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