Trials@uspto.gov
`571.272.7822
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`Paper No. 24
`Filed: September 23, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`BUTAMAXTM ADVANCED BIOFUELS LLC,
`Petitioner,
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`v.
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`GEVO, INC.,
`Patent Owner.
`____________
`
`Case IPR2013-00539
`Patent 8,273,565 B2
`____________
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`Before RAMA G. ELLURU, CHRISTOPHER L. CRUMBLEY, and
`KERRY BEGLEY, Administrative Patent Judges.
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`CRUMBLEY, Administrative Patent Judge.
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`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
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`Petitioner Butamax Advanced Biofuels LLC requested oral hearing pursuant
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`to 37 C.F.R. § 42.70. Paper 23. No oral hearing request was received from Patent
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`Owner Gevo, Inc. Upon consideration, the request for oral hearing is granted.
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`IPR2013-00539
`Patent 8,273,565 B2
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`Oral arguments shall commence at 9:00 AM Eastern Time on October 28, 2014,1
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`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
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`Virginia.
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`Each party will have one hour of total time to present arguments. Butamax
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`bears the ultimate burden of proof that Gevo’s claims at issue in this review are
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`unpatentable. Butamax will, therefore, begin by presenting its case regarding the
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`challenged claims and grounds for which the Board instituted trial. Gevo will then
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`respond to Butamax’s arguments. Butamax may reserve time to respond to
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`arguments presented by Gevo.
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`The Board will provide a court reporter, and the transcript shall constitute
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`the official record of the hearing. No motions to seal have been filed in this
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`proceeding. Accordingly, the Board exercises its discretion to make the oral
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`hearing publically available. The hearing will be open to the public for in-person
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`attendance that will be accommodated on a first-come, first-served basis.
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`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at least
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`five business days before the hearing. The Board requests that such exhibits be
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`filed at the Board at least five business days before the hearing. The parties must
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`file any objections to the demonstratives with the Board at least two business days
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`before the hearing. Any objection to demonstrative exhibits that is not timely
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`presented will be considered waived. The objections should identify with
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`particularity which demonstratives are subject to objection, and include a one-
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`sentence statement of the reason for each objection. No argument or further
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`1 This date differs from the date of oral hearing set in our Scheduling Order
`of March 4, 2014. Paper 10. If either party determines that a scheduling
`conflict prevents attendance by its counsel at oral hearing on the morning of
`October 28, 2014, the party shall contact the Board within three business days
`of this Order to discuss alternative dates.
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`2
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`IPR2013-00539
`Patent 8,273,565 B2
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`explanation is permitted. The Board will consider the objections and schedule a
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`conference if deemed necessary. Otherwise, the Board will reserve ruling on the
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`objections until after the oral argument. The parties are directed to St. Jude
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`Medical, Cardiology Division, Inc. v. The Board of Regents of the University of
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`Michigan, Case IPR2013-00041 (PTAB January 27, 2014) (Paper 65), for
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`guidance regarding the appropriate content of demonstrative exhibits.
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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
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`Trials@uspto.gov.
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`In light of the foregoing, it is:
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`ORDERED that oral hearing shall commence at 9:00 AM Eastern Time on
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`October 28, 2014; and
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`FURTHER ORDERED that if either party cannot attend oral hearing at the
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`ordered date and time, it shall contact the Board within three (3) business days of
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`this Order.
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`3
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`IPR2013-00539
`Patent 8,273,565 B2
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`For Petitioner:
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`Deborah A. Sterling, Ph.D.
`Peter A. Jackman
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dsterlin-PTAB@skgf.com
`pjackman-PTAB@skgf.com
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`For Patent Owner:
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`Erich E. Veitenheimer, Ph.D.
`Chris Holly, Ph.D.
`COOLEY LLP
`eveitenheimer@cooley.com
`z/IPR2013-00539@cooley.com
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`4
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