Trials@uspto.gov Paper 21
`571-272-7822 Entered: June 23, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ST. JUDE MEDICAL, INC., ST. JUDE MEDICAL S.C., INC.,
`PACESETTER, INC., and BIOTRONIK, INC.,
`Petitioner,
`
`v.
`
`ATLAS IP LLC,
`Patent Owner.
`____________
`
`Case IPR2014-009161
`Patent 5,371,734
`____________
`
`
`Before BARBARA A. BENOIT, LYNNE E. PETTIGREW, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 Case IPR2015-00534 has been joined with this proceeding.
`
`
`571-272-7822 Entered: June 23, 2015
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ST. JUDE MEDICAL, INC., ST. JUDE MEDICAL S.C., INC.,
`PACESETTER, INC., and BIOTRONIK, INC.,
`Petitioner,
`
`v.
`
`ATLAS IP LLC,
`Patent Owner.
`____________
`
`Case IPR2014-009161
`Patent 5,371,734
`____________
`
`
`Before BARBARA A. BENOIT, LYNNE E. PETTIGREW, and
`GEORGIANNA W. BRADEN, Administrative Patent Judges.
`
`PETTIGREW, Administrative Patent Judge.
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`1 Case IPR2015-00534 has been joined with this proceeding.
`
`
`
`IPR2014-00916
`Patent 5,371,734
`
`Petitioners, St. Jude Medical, Inc., St. Jude Medical S.C., and
`Pacesetter, Inc. (collectively, “St. Jude”), and Biotronik, Inc., requested an
`oral hearing in this proceeding pursuant to 37 C.F.R. § 42.70. Paper 19
`(request by St. Jude); Paper 20 (request by Biotronik). Patent Owner has not
`requested an oral hearing. We grant Petitioners’ requests.
`Oral argument will be heard on July 15, 2015, at 2:00 PM ET. Each
`party will have 30 minutes of argument time. Petitioners bear the ultimate
`burden of persuasion that the claims at issue in this review are unpatentable.
`Therefore, Petitioners will proceed first to present their case with regard to
`the challenged claims and grounds on which we instituted trial in this
`proceeding. Patent Owner then will have the opportunity to argue its
`opposition to Petitioners’ case. Finally, Petitioners may use any time they
`reserve to rebut Patent Owner’s opposition.
`The argument time allotted to Petitioners will be shared between
`St. Jude and Biotronik according to prior agreement between Petitioners. As
`Biotronik states in its request for oral hearing, “St. Jude and Biotronik have
`agreed to work together to manage the time normally allotted for . . . oral
`argument, with St. Jude permitted . . . to present argument before Biotronik
`at any oral argument if St. Jude so chooses.” Paper 20, 2 (citing Paper 17,
`3–4).
`The hearing will be open to the public for in-person attendance on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia 22314. In-person attendance will be accommodated on a first-
`come, first-serve basis. The Board will provide a court reporter for the
`hearing, and the reporter’s transcript will constitute the official record of the
`hearing.
`
`2
`
`
`
`IPR2014-00916
`Patent 5,371,734
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits, if any, must be
`served at least five business days before the hearing. The parties are
`directed to CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`IPR2013-00033, Paper 118 (Oct. 23, 2013), regarding the appropriate
`contents of demonstrative exhibits. The parties must file any objections to
`the demonstratives with the Board at least two business days before the
`hearing. Any objection to the demonstrative exhibits that is not presented
`timely will be considered waived. The objections should identify with
`particularity which demonstratives are subject to objection, and include a
`short (one sentence or less) statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider the
`objections and schedule a conference if deemed necessary. Otherwise, the
`Board will reserve ruling on the objections until after the oral argument.
`The parties also shall provide a copy of the demonstrative exhibits to
`the Board at least two business days prior to the hearing by emailing them to
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this proceeding without prior authorization from the Board. 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 must be made five 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) referenced
`
`3
`
`
`
`IPR2014-00916
`Patent 5,371,734
`
`during the hearing to ensure the clarity and accuracy of the reporter’s
`transcript.
`The parties should note that at least one member of the panel will be
`attending the hearing electronically from a remote location, and that if a
`demonstrative is not provided in advance or otherwise made fully available
`or visible to the judge participating remotely, that demonstrative will not be
`considered. If the parties have questions as to whether demonstratives
`would be sufficiently visible and available to all of the judges, the parties are
`invited to contact the Board at 571-272-9797.
`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 parties should initiate a joint telephone conference with
`the Board no later than five business days prior to the oral hearing to discuss
`the matter.
`
`
`
`4
`
`
`
`IPR2014-00916
`Patent 5,371,734
`
`FOR PETITIONERS:
`Matthew A. Smith
`Zhuanjia Gu
`TURNER BOYD LLP
`smith@turnerboyd.com
`gu@turnerboyd.com
`
`Jeffrey M. Olson
`Matthew S. Jorgenson
`SIDLEY AUSTIN LLP
`jolson@sidley.com
`mjorgenson@sidley.com
`
`
`FOR PATENT OWNER:
`Matthew Pasulka
`ATLAS IP, LLC
`mpasulka@hotmail.com
`
`George C. Summerfield
`STADHEIM AND GREAR, LTD.
`summerfield@stadheimgrear.com
`
`5
`
`
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