Trials@uspto.gov
`Tel: 571-272-7822
`
`
`
`
`Paper 35
`Entered: October 20, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`BAXTER HEALTHCARE CORP., APATECH, INC., and
`APATECH LIMITED,
`Petitioner,
`
`v.
`
`MILLENIUM BIOLOGIX, LLC,
`Patent Owner.
`_______________
`
`Case IPR2013-00582 (Patent No. RE41,251)
`Case IPR2013-00590 (Patent No. 6,585,992)
`_______________
`
`
`Before MICHELLE R. OSINSKI, SCOTT E. KAMHOLZ, and
`BRIAN P. MURPHY, Administrative Patent Judges.
`
`KAMHOLZ, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`Tel: 571-272-7822
`
`
`
`
`Paper 35
`Entered: October 20, 2014
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`BAXTER HEALTHCARE CORP., APATECH, INC., and
`APATECH LIMITED,
`Petitioner,
`
`v.
`
`MILLENIUM BIOLOGIX, LLC,
`Patent Owner.
`_______________
`
`Case IPR2013-00582 (Patent No. RE41,251)
`Case IPR2013-00590 (Patent No. 6,585,992)
`_______________
`
`
`Before MICHELLE R. OSINSKI, SCOTT E. KAMHOLZ, and
`BRIAN P. MURPHY, Administrative Patent Judges.
`
`KAMHOLZ, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2013-00582 (Patent No. RE41,251)
`IPR2013-00590 (Patent No. 6,585,992)
`
`
`Petitioner and Patent Owner request oral argument in both of the
`
`captioned cases.
`
`Oral arguments in the two cases will be consolidated into one hearing
`
`that will commence at 1:00 pm Eastern Time on November 14, 2014, on the
`
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`Virginia. Each party will have sixty minutes’ total time to present
`
`arguments. The cases will be argued sequentially starting with case
`
`IPR2013-00582. Once both parties have had an opportunity to present all of
`
`their arguments as to that case, as well as arguments germane to both cases,
`
`the hearing will proceed to case IPR2013-00590, during which time the
`
`parties may present arguments specific to that case. Each party may allocate
`
`its time between the cases as it wishes.
`
`For each case, Petitioner ultimately bears the burden of proof that
`
`Patent Owner’s claims are unpatentable. Petitioner will open the hearing by
`
`presenting its arguments regarding the challenged claims for which the
`
`Board instituted trial. Patent Owner will then respond to Petitioner’s
`
`arguments. Petitioner may reserve rebuttal time to respond to arguments
`
`presented by Patent Owner. Patent Owner may not reserve rebuttal time.
`
`The Board will provide a court reporter for the hearing, and the
`
`reporter’s transcript will constitute the official record of the hearing. The
`
`final hearing will be open to the public via in-person attendance. 37 C.F.R.
`
`§ 42.14. Attendance by the public will be accommodated on a first-come,
`
`first-served basis.
`
`The parties are reminded that, under 37 C.F.R. § 42.53(f)(7), a
`
`proponent of deposition testimony must file such testimony as an exhibit.
`
` 2
`
`
`
`
`
`
`
`
`
`IPR2013-00582 (Patent No. RE41,251)
`IPR2013-00590 (Patent No. 6,585,992)
`
`
`The Board will not consider any deposition testimony that has not been filed
`
`in accordance with our rules.
`
`Furthermore, 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 should note that at least one member of the panel is
`
`expected to attend the oral hearing by video link. The parties should make
`
`every effort, therefore, to file demonstrative exhibits electronically by the
`
`time requested, to ensure that all panel members can follow the presentation.
`
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`
`v. The Board of Regents of the University of Michigan, IPR2013-00041,
`
`Paper 65 (PTAB Jan. 27, 2014), for guidance regarding the appropriate
`
`content of demonstrative exhibits. The parties must initiate a conference call
`
`with the Board at least two business days before the hearing to present any
`
`objection regarding the propriety of any demonstrative exhibit. Any
`
`objection to demonstrative exhibits that is not timely presented will be
`
`considered waived. The Board asks the parties to confine demonstrative
`
`exhibit objections to those identifying egregious violations that are
`
`prejudicial to the administration of justice.
`
`The parties are reminded that, during the hearing, the presenter must
`
`identify clearly and specifically each demonstrative exhibit (e.g., by slide or
`
`screen number) referenced to ensure the clarity and accuracy of the
`
`reporter’s transcript.
`
`The Board expects lead counsel for each party to be present in person
`
`at the hearing. If a party anticipates that its lead counsel will not be
`
` 3
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`
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`
`
`
`
`IPR2013-00582 (Patent No. RE41,251)
`IPR2013-00590 (Patent No. 6,585,992)
`
`
`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 counsel of record, however, may present
`
`the party’s argument. A party’s argument may be divided, but interruptions
`
`for change of counsel should be kept to a minimum.
`
`The parties are reminded to direct their requests for audio-visual
`
`equipment to Trials@uspto.gov. Requests for special equipment will not be
`
`honored unless presented in a separate communication directed to the above
`
`email address not less than five days before the hearing. If the request is not
`
`received timely, the equipment may not be available on the day of the
`
`hearing.
`
`
`
`Accordingly, it is
`
`ORDERED that oral argument in the cases listed in the caption of this
`
`order shall take place beginning at 1:00 pm Eastern Time on November 14,
`
`2014, on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria.
`
`
`
`
`
` 4
`
`
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`
`
`
`
`
`
`IPR2013-00582 (Patent No. RE41,251)
`IPR2013-00590 (Patent No. 6,585,992)
`
`
`
`FOR PETITONER:
`
`Jeffrey P. Kushan
`Peter S. Choi
`SIDLEY AUSTIN LLP
`
`FOR PATENT OWNER:
`
`Marilyn Huston
`Keith A. Rutherford
`James Hall
`WONG CABELLO LUTSCH RUTHERFORD & BRUCCULERI, L.L.P.
`
`Andre J. Bahou
`MILLENIUM BIOLOGIX, LLC
`
`
` 5
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