`571-272-7822
`
`
`
`
`
`
`
`
`Paper 53
`Date: October 9, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`CONOPCO, INC. dba UNILEVER,
`Petitioner,
`
`v.
`
`THE PROCTOR & GAMBLE COMPANY,
`Patent Owner.
`____________
`
`Cases
`IPR2013-00505 (Patent 6,974,569 B2)
` IPR2013-00509 (Patent 6,451,300 B1)1
`____________
`
`
`Before LORA M. GREEN, GRACE KARAFFA OBERMANN, and
`RAMA G. ELLURU, Administrative Patent Judges.
`
`GREEN, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`1 This order addresses issues that are the same in both cases. We exercise
`our discretion to issue one order to be filed in each case. The parties,
`however, are not authorized to use this style heading in subsequent papers.
`
`
`
`
`
`IPR2013-00505 (Patent 6,974,569 B2)
`IPR2013-00509 (Patent 6,451,300 B1)
`
`
`
`Petitioner and Patent Owner each requested oral hearing pursuant to
`
`
`
`37 C.F.R. § 42.70. Papers 52 and 54.2 The requests are granted. Oral
`
`arguments will commence at 9:00 AM Eastern Time on Wednesday,
`
`November 5, 2014,3 on the ninth floor of Madison Building East, 600
`
`Dulany Street, Alexandria, Virginia.
`
`Each party will have one hour of total time to present arguments.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`
`issue in these proceedings are unpatentable. Petitioner will, therefore, open
`
`the hearing by presenting its case regarding the challenged claims and
`
`grounds for which the Board instituted trial. Patent Owner will then respond
`
`to Petitioner’s arguments. Petitioner may reserve time to respond to
`
`arguments presented by Patent Owner.
`
`The hearing will be open to the public for in-person attendance that
`
`will be accommodated on a first-come, first-served basis. The Board will
`
`provide a court reporter, and the transcript shall constitute the official record
`
`of the hearing.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`
`least five business days before the hearing. The Board requests that such
`
`exhibits be filed at the Board at least five business days before the hearing.
`
`The parties must file any objections to the demonstratives with the Board at
`
`least two business days before the hearing. Any objection to demonstrative
`
`exhibits that is not timely presented will be considered waived. The
`
`
`2 The Paper Numbers refer to the Paper Numbers in IPR2014-00505.
`3 Note that the Scheduling Order (Paper 10) stated that oral argument, if
`requested, would be held on Friday, November 7, 2014, two days later than
`set in this trial order.
`
`2
`
`
`
`
`IPR2013-00505 (Patent 6,974,569 B2)
`IPR2013-00509 (Patent 6,451,300 B1)
`
`
`objections should identify with particularity which demonstratives are
`
`
`
`subject to objection, and include a short (one sentence or less) statement of
`
`the reason for each objection. No argument or further explanation is
`
`permitted. The Board will consider the objections and schedule a
`
`conference if deemed necessary. Otherwise, the Board will reserve ruling on
`
`the objections until after the oral argument. The parties are directed to
`
`St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of the
`
`University of Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper
`
`65), for guidance regarding the appropriate content of demonstrative
`
`exhibits.
`
`The Board expects lead counsel for each party to be present in person
`
`at the oral hearing. Any counsel of record, however, may present the party’s
`
`argument. If either party anticipates that its lead counsel will not be
`
`attending the oral argument, the parties should initiate a joint telephone
`
`conference with the Board no later than two business days prior to the oral
`
`hearing to discuss the matter.
`
`Any special requests for audio visual equipment should be directed to
`
`Trials@uspto.gov.
`
`Accordingly, it is
`
`ORDERED that oral arguments in this proceeding shall take place
`
`beginning at 9:00 AM Eastern Time on Wednesday, November 5, 2014, on
`
`the ninth floor of Madison Building East, 600 Dulany Street, Alexandria;
`
`and
`
`FURTHER ORDERED that the parties are authorized to file
`
`objections to demonstrative exhibits no later than two business days before
`
`the hearing.
`
`3
`
`
`
`
`IPR2013-00505 (Patent 6,974,569 B2)
`IPR2013-00509 (Patent 6,451,300 B1)
`
`
`
`
`
`
`
`
`
`For Petitioner:
`
`Joseph Meara
`Michael Houston
`Jeanne Gills
`FOLEY & LARDNER LLP
`jmeara-PGP@foley.com
`mhouston@foley.com
`jmgills@foley.com
`
`
`For Patent Owner:
`
`David Maiorana
`John V. Biernacki
`Michael Weinstein
`JONES DAY
`dmaiorana@jonesday.com
`jvbiernacki@jonesday.com
`trgoots@jonesday.com
`msweinstein@jonesday.com
`
`Steven Miller
`Carl Roof
`Angela Haughey
`THE PROCTER & GAMBLE COMPANY
`miller.sw@pg.com
`roof.cj@pg.com
`haughey.a@pg.com
`
`
`
`4
`
`
`
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