`571-272-7822
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`
`
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`Paper 34
` June 24, 2015
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`PHIGENIX, INC,
`Petitioner,
`
`v.
`
`IMMUNOGEN, INC.,
`Patent Owner.
`____________
`
`Case IPR2014-00676
`Patent 8,337,856 B2
`____________
`
`
`
`
`
`Before FRANCISCO C. PRATS, JACQUELINE WRIGHT BONILLA, and
`ZHENYU YANG, Administrative Patent Judges.
`
`
`BONILLA, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`35 U.S.C. § 316(a)(10)
`
`
`
`
`
`
`
`IPR2014-00676
`Patent 8,337,856 B2
`
`
`Petitioner, Phigenix Inc., and Patent Owner, ImmunoGen, Inc., each
`
`
`
`
`
`requested oral argument pursuant to 37 C.F.R. § 42.70(a). Papers 26 and 27. The
`
`requests are granted. The hearing will commence at 2:00 PM ET, on Thursday,
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`July 9, 2015, on the ninth floor of Madison Building East, 600 Dulany Street,
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`Alexandria, Virginia.
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`Each party will have a total of forty-five (45) minutes to present arguments.
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`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at issue
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`are unpatentable. Thus, Petitioner will proceed first to present its case with regard
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`to the challenged claims on which basis we instituted trial. Thereafter, Patent
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`Owner will respond to Petitioner’s case. Petitioner may reserve some of its
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`argument time to respond to Patent Owner’s presentation.
`
`Demonstratives are aids in support of oral argument and are not evidence in
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`this proceeding. They will not become part of the official record of this review
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`other than via the transcript of oral argument. Under 37 C.F.R. § 42.70(b), the
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`parties shall serve any demonstrative exhibits upon each other at least five business
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`days prior to the hearing date. The parties also shall provide a courtesy copy of
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`any demonstrative exhibits to the Board at least five business days prior to the
`
`hearing by emailing them to Trials@uspto.gov. The parties shall not file any
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`demonstrative exhibits in this proceeding without prior authorization from the
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`Board. A hard copy of the demonstratives should be provided to the court reporter
`
`at the hearing.
`
`The parties may refer to CBS Interactive Inc. v. Helferich Patent Licensing,
`
`LLC, IPR2013-00033 (PTAB October 23, 2013) (Paper 118), and St. Jude
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`Medical, Cardiology Div., Inc. v. The Board of Regents of the University of
`
`Michigan, IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65) regarding the
`
`appropriate content of demonstrative exhibits. Any issue regarding demonstrative
`
`
`
`2
`
`
`
`IPR2014-00676
`Patent 8,337,856 B2
`
`
`exhibits should be resolved at least two business days prior to the hearing by way
`
`
`
`
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`of a joint telephone conference call to the Board. The parties are responsible for
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`requesting such a conference sufficiently in advance of the hearing to
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`accommodate this requirement. Any objection to demonstrative exhibits that is not
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`timely presented will be considered waived.
`
`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
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`reporter, and the reporter’s transcript will constitute the official record of the
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`hearing. The parties are reminded that each presenter must identify clearly and
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`specifically each demonstrative exhibit, e.g., by slide or screen number, referenced
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`during the oral hearing to ensure the clarity and accuracy of the reporter’s
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`transcript.
`
`The Board expects lead counsel for each party to be present at the hearing,
`
`although any counsel of record may make the presentation. If either party
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`anticipates that its lead counsel will not attend the oral argument, the parties should
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`initiate a joint telephone conference with the Board no later than two business days
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`prior to the oral hearing to discuss the matter.
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`Requests for audio-visual equipment are to be made 5 days in advance of the
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`hearing date. The request is to be sent to Trials@uspto.gov. If the request is not
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`received timely, the equipment may not be available on the day of the hearing.
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`
`
`It is
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`ORDERED that oral arguments in this proceeding shall take place beginning
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`at 2:00 PM Eastern Time on Thursday, July 9, 2015, on the ninth floor of Madison
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`Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`
`3
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`
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`
`
`
`
`IPR2014-00676
`Patent 8,337,856 B2
`
`
`
`
`For PETITIONER:
`
`
`Ping Wang
`PingWang@andrewskurth.com
`
`Gregory Porter
`GregPorter@andrewskurth.com
`
`
`
`For PATENT OWNER:
`
`Eldora Ellison
`eellison-PTAB@skgf.com
`
`
`Eric Steffe
`esteffe-PTAB@skgf.com
`
`
`
`
`
`4
`
`
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