`571-272-7822
`
`
`
`
`
`Paper 82
`Entered: February 8, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`ZHONGSHAN BROAD OCEAN MOTOR CO., LTD.,
`BROAD OCEAN MOTOR LLC, and
`BROAD OCEAN TECHNOLOGIES, LLC,
`Petitioner,
`
`v.
`
`NIDEC MOTOR CORPORATION,
`Patent Owner.
`____________
`
`Case IPR2014-011211
`Patent 7,626,349 B2
`____________
`
`
`
`
`
`Before SALLY C. MEDLEY, JUSTIN T. ARBES,
`BENJAMIN D. M. WOOD, JAMES A. TARTAL, and
`PATRICK M. BOUCHER, Administrative Patent Judges.
`
`BOUCHER, Administrative Patent Judge.
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`1 Case IPR2015-00762 has been joined with this proceeding.
`
`
`
`IPR2014-01121
`Patent 7,626,349 B2
`
`
`
`The date set for oral hearing in this proceeding is February 23, 2016,
`if hearing is requested by either party and granted by the Board. Paper 70.
`Both parties request oral hearing. Papers 79, 81. The requests are granted.
`Each side will have 60 minutes, total, to present its argument.
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`issue in this review are unpatentable. Patent Owner has filed a Motion to
`Amend the claims and bears the burden of proof with respect to that motion.
`Both parties have also filed Motions to Exclude Evidence of the other party,
`and respectively bear the burden with respect to their own motions.
`Accordingly, Petitioner will open the hearing by presenting its case
`regarding the challenged claims for which the Board instituted trial,
`including presenting arguments, if it wishes, in support of its Motion to
`Exclude Evidence. After Petitioner’s presentation, Patent Owner will
`respond to Petitioner’s argument and also argue, if it wishes, in support of its
`Motion to Amend and/or its Motion to Exclude Evidence.
`Each side may reserve time to respond to arguments presented by the
`other side, with some limitations. Specifically, to the extent that Petitioner
`reserves rebuttal time, it may respond to Patent Owner’s presentation on all
`matters. To the extent that Patent Owner reserves rebuttal time, however, it
`may respond only to Petitioner’s arguments opposing the Motion to Amend
`and/or opposing Patent Owner’s Motion to Exclude Evidence.
`The hearing will commence at 11 AM on February 23, 2016, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
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`IPR2014-01121
`Patent 7,626,349 B2
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`Virginia. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing. At
`least one member of the panel may be attending the oral argument remotely
`by use of two-way audio-visual communication equipment. The hearing
`will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis. If the parties have any
`concern about disclosing confidential information, they are requested to
`contact the Board at least 10 days in advance of the hearing to discuss the
`matter.
`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.
`The Board will not consider any deposition testimony that has not been so
`filed.
`
`Furthermore, under 37 C.F.R. § 42.70(b), demonstrative exhibits must
`be served at least five business days before the hearing date. The parties
`also shall provide a courtesy copy of 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 demonstrative exhibits in
`this proceeding without prior authorization from the Board.
`The parties must file any objections to the demonstrative exhibits 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
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`Patent 7,626,349 B2
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`demonstrative exhibits 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 telephone conference if deemed necessary. Otherwise, the Board
`will reserve ruling on the objections until after the oral argument. The
`parties are directed to St. Jude Medical, Cardiology Division, Inc. v. The
`Board of Regents of the University of Michigan, IPR2013-00041 (PTAB
`January 27, 2015) (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 expects that its lead counsel will not be 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 special requests for audio-visual equipment should be directed to
`Trials@uspto.gov. Requests for special equipment will not be honored
`unless presented in a separate communication not less than five days before
`the hearing directed to the above email address.
`
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`IPR2014-01121
`Patent 7,626,349 B2
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`
`PETITIONER
`Steven Meyer
`Joseph Farco
`Charles Baker
`LOCKE LORD LLP
`ptopatentcommunication@lockelord.com
`cbaker@lockelord.com
`JFarco@lockelord.com
`
`PATENT OWNER
`Scott R. Brown
`Matthew B. Walters
`HOVEY WILLIAMS LLP
`sbrown@hoveywilliams.com
`mwalters@hoveywilliams.com
`
`
`
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