Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 38
`Entered: February 4, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICRO MOTION, INC.,
`Petitioner,
`
`v.
`
`INVENSYS SYSTEMS, INC.,
`Patent Owner.
`____________
`
`IPR2014-00390 (Patent 6,754,594)
`IPR2014-00392 (Patent 8,000,906)
`IPR2014-00393 (Patent 7,571,062)1
`____________
`
`Before JENNIFER M. MEYER, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses identical issues in each of three related cases. We
`exercise our discretion to issue one Order to be entered in each case. The
`parties are not authorized to use this style heading in their papers.
`
`
`Tel: 571-272-7822
`
`
`Paper 38
`Entered: February 4, 2015
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICRO MOTION, INC.,
`Petitioner,
`
`v.
`
`INVENSYS SYSTEMS, INC.,
`Patent Owner.
`____________
`
`IPR2014-00390 (Patent 6,754,594)
`IPR2014-00392 (Patent 8,000,906)
`IPR2014-00393 (Patent 7,571,062)1
`____________
`
`Before JENNIFER M. MEYER, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`1 This Order addresses identical issues in each of three related cases. We
`exercise our discretion to issue one Order to be entered in each case. The
`parties are not authorized to use this style heading in their papers.
`
`
`
`IPR2014-00390 (Patent 6,754,594)
`IPR2014-00392 (Patent 8,000,906)
`IPR2014-00393 (Patent 7,571,062)
`
`
`On August 4, 2014, an inter partes review was instituted in each of
`these proceedings. Paper 16.2 Both parties requested an oral hearing
`pursuant to 37 C.F.R. § 42.70. Papers 35, 37. The parties’ requests are
`granted. The hearing will commence at 1:00 PM Eastern Time, on
`Thursday, March 12, 2015.
`The proceedings are related, and all three proceedings will be
`conducted as a single consolidated hearing, such that any representation
`made by counsel at the consolidated hearing is applicable to and useable in
`each proceeding that has an underlying basis for the representation. Each
`party will have ninety (90) minutes of total time to present arguments for all
`three of the proceedings. Micro Motion, Inc. (“Petitioner”) bears the
`ultimate burden of proof that the claims at issue in these reviews are
`unpatentable. Therefore, at the oral hearing, Petitioner will proceed first to
`present its case as to the challenged claims and grounds with respect to
`which the Board instituted trial. Thereafter, Invensys Systems, Inc. (“Patent
`Owner”) will argue its opposition to Petitioner’s case. Patent Owner may
`also discuss its Motion to Exclude during its allotted time. Petitioner then
`may use any time it reserved to rebut Patent Owner’s opposition, and to
`oppose Patent Owner’s Motion to Exclude, if presented. Patent Owner may
`use any time it reserved solely to rebut Petitioner’s opposition to Patent
`Owner’s Motion to Exclude.
`The oral hearing will be open to the public for in-person attendance,
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`
`2 Unless otherwise noted, citations to the record herein are in reference to
`IPR2014-00390. Similar papers may be found in the other three related
`cases.
`
`
`
`2
`
`
`
`IPR2014-00390 (Patent 6,754,594)
`IPR2014-00392 (Patent 8,000,906)
`IPR2014-00393 (Patent 7,571,062)
`
`Virginia. In-person attendance will be accommodated on a first-come, first-
`served basis.
`The Board will provide a court reporter for the oral hearing, and the
`reporter’s transcript will constitute the official record of the hearing and will
`be entered in the record of each proceeding. Under 37 C.F.R. § 42.70(b),
`demonstrative exhibits must be served no later than five (5) business days
`before the hearing. For guidance on what constitutes an appropriate
`demonstrative exhibit, the parties are directed to CBS Interactive Inc., v.
`Helferich Patent Licensing, LLC, Case IPR2013-00033 (PTAB
`Oct. 23, 2013) (Paper 118). Any issue regarding demonstrative exhibits
`should be resolved at least three days prior to the hearing by way of a joint
`telephone conference call to the Board. The parties are responsible for
`requesting such a conference sufficiently in advance of the hearing to
`accommodate this requirement. Any objection to demonstrative exhibits
`that is not presented timely will be considered waived. Demonstratives
`should be filed at the Board no later than two days before the hearing. A
`hard copy of the demonstratives should be provided to the court reporter at
`the hearing.
`Questions regarding specific audio-visual equipment should be
`directed to the Board at (571) 272-9797. Requests for audio-visual
`equipment are to be made at least five business days in advance of the
`hearing date. The request is to be sent to Trials@uspto.gov. If the request is
`not received timely, the equipment may not be available on the day of the
`hearing. The parties are reminded that the presenter must identify clearly
`and specifically each demonstrative exhibit (e.g., by slide or screen number)
`
`
`
`3
`
`
`
`IPR2014-00390 (Patent 6,754,594)
`IPR2014-00392 (Patent 8,000,906)
`IPR2014-00393 (Patent 7,571,062)
`
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript.
`The Board expects lead counsel for each party to be present at oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If lead counsel for either party will not be in attendance at
`the oral hearing, the Board should be notified via a joint telephone
`conference call no later than two business days prior to the oral hearing to
`discuss the matter.
`
`
`PETITIONER:
`
`Andrew S. Baluch
`Jeffrey N. Costakos
`Angela D. Murch
`Michelle Moran
`Linda E.B. Hansen
`Kadie M. Jelenchick
`Foley & Lardner LLP
`WASH-abaluch-PTAB@foley.com
`jcostakos@foley.com
`amurch@foley.com
`mmoran@foley.com
`lhansen@foley.com
`kjelenchick@foley.com
`
`PATENT OWNER:
`
`Jeffrey L. Johnson
`James M. Heintz
`DLA Piper LLP (US)
`Jeffrey.Johnson@dlapiper.com
`Invensys_Micro_IPR@dlapiper.com
`
`
`
`4
`
`
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