`571-272-7822
`
`
`
`
`
`
`
`
`Paper 21
`Date: January 2, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`BUTAMAX ADVANCED BIOFUELS, LLC,
`Petitioner,
`
`v.
`
`GEVO, INC.,
`Patent Owner.
`____________
`
`Cases: IPR2014-00142 (Patent 8,193,402)
`IPR2014-00143 (Patent 8,378,160)
`IPR2014-00144 (Patent 8,487,149)
`IPR2014-00250 (Patent 8,546,627)
`____________
`
`
`Before CHRISTOPHER L. CRUMBLEY, Administrative Patent Judge.
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`Patent Owner Gevo, Inc. requested oral hearings in these four related
`
`inter partes review trials pursuant to 37 C.F.R. § 42.70. IPR2014-00142,
`
`Paper 24; IPR2014-00143, Paper 20; IPR2014-00144, Paper 20; IPR2014-
`
`00250, Paper 18. No oral hearing request was received from Petitioner
`
`
`
`
`
`IPR2014-00142 (Patent 8,193,402)
`IPR2014-00143 (Patent 8,378,160)
`
`Butamax Advanced Biofuels, LLC. Upon consideration, Patent Owner’s
`
`IPR2014-00144 (Patent 8,487,149)
`IPR2014-00250 (Patent 8,546,627)
`
`
`
`request is granted. Oral arguments shall commence at 10:00 AM Eastern
`
`Time on January 14, 2015, on the ninth floor of Madison Building East, 600
`
`Dulany Street, Alexandria, Virginia.
`
`Each party will have one and a half hours of total time to present
`
`arguments. A party may allot argument time among the four cases as it
`
`wishes, but cases should be argued separately and in sequence starting with
`
`case IPR2014-00142. Butamax bears the ultimate burden of proof that
`
`Gevo’s claims at issue in these reviews are unpatentable. Butamax will,
`
`therefore, begin by presenting its case regarding the challenged claims and
`
`grounds for which the Board instituted trial. Gevo will then respond to
`
`Butamax’s arguments. Butamax may reserve time to respond to arguments
`
`presented by Gevo.
`
`The Board will provide a court reporter, and the transcript shall
`
`constitute the official record of the hearing. No motions to seal have been
`
`filed in these proceedings. Accordingly, the Board exercises its discretion to
`
`make the oral hearing publically available. The hearing will be open to the
`
`public for in-person attendance that will be accommodated on a first-come,
`
`first-served basis.
`
`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 two 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 objections should identify with particularity which
`
`2
`
`
`
`
`IPR2014-00142 (Patent 8,193,402)
`IPR2014-00143 (Patent 8,378,160)
`
`demonstratives are subject to objection, and include a one-sentence
`
`IPR2014-00144 (Patent 8,487,149)
`IPR2014-00250 (Patent 8,546,627)
`
`
`
`statement of the reason for each objection. No argument or further
`
`explanation is permitted. The Board will consider the objections and
`
`schedule a conference call if deemed necessary. Otherwise, the Board will
`
`reserve ruling on the objections. The parties are directed to St. Jude
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`Medical, Cardiology Division, Inc. v. The Board of Regents of the University
`
`of Michigan, Case 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. However, any counsel of record 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
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`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
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`Trials@uspto.gov.
`
`
`
`In light of the foregoing, it is:
`
`ORDERED that oral hearing, conducted pursuant to the
`
`procedures outlined above, shall commence at 10:00 AM Eastern Time on
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`January 14, 2015.
`
`
`
`
`
`
`
`
`
`3
`
`
`
`
`IPR2014-00142 (Patent 8,193,402)
`IPR2014-00143 (Patent 8,378,160)
`
`For Petitioner:
`
`IPR2014-00144 (Patent 8,487,149)
`IPR2014-00250 (Patent 8,546,627)
`
`
`
`Deborah A. Sterling
`Peter A. Jackman
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`dsterlin-PTAB@skgf.com
`pjackman-PTAB@skgf.com
`
`
`
`For Patent Owner:
`
`Thomas Blinka
`William Brow
`COOLEY LLP
`tblinka@cooley.com
`wbrow@cooley.com
`
`
`
`
`4
`
`
`
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