`Filed: September 28, 2015
`
`Trials@uspto.gov
`571.272.7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`NORMAN INTERNATIONAL, INC.,
`Petitioner,
`
`v.
`
`HUNTER DOUGLAS INC.,
`Patent Owner.
`_______________
`
`Case IPR2014-01175
`Patent 6,968,884 B2
`_______________
`
`
`
`Before LINDA M. GAUDETTE, JAMES P. CALVE and
`HYUN J. JUNG, Administrative Patent Judges.
`
`GAUDETTE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2014-01175
`Patent 6,968,884 B2
`
`Both Patent Owner and Petitioner requested oral argument. Papers 15,
`
`17.
`
`Oral argument will commence at 1:30 pm Eastern Time on October
`
`20, 2015, on the ninth floor of Madison Building East, 600 Dulany Street,
`
`Alexandria, Virginia. Each party is allotted one hour total argument time.
`
`Petitioner will open the hearing by presenting its arguments regarding the
`
`challenged claims for which the Board instituted trial. Patent Owner will
`
`then respond to Petitioner’s arguments. Petitioner may reserve time for
`
`rebuttal arguments. Patent Owner may not reserve rebuttal time. Petitioner
`
`bears the ultimate burden of proof that Patent Owner’s patented claims are
`
`unpatentable.
`
`The Board will provide a court reporter for the hearing, and the
`
`reporter’s transcript will constitute the official record of the hearing. The
`
`hearing will be open to the public via in-person attendance 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 and filed no later than the time of
`
`the hearing. The Board requests that such exhibits be filed at the Board at
`
`least five business days before the hearing to facilitate the panel’s
`
`preparation. The parties are directed to St. Jude Medical, Cardiology
`
`Division, Inc. v. The Board of Regents of the University of Michigan,
`
`IPR2013-00041, Paper 65 (PTAB Jan. 27, 2014), for guidance regarding the
`
`appropriate content 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
`
`demonstrative exhibits that is not timely presented will be considered
`
`2
`
`
`
`IPR2014-01175
`Patent 6,968,884 B2
`
`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 Board
`
`asks the parties to confine demonstrative exhibit objections to those
`
`identifying egregious violations that are prejudicial to the administration of
`
`justice.
`
`Two members of the panel hearing this case will attend the hearing
`
`remotely, by video and audio link. The parties are reminded that, during the
`
`hearing, the presenter must identify clearly and specifically each
`
`demonstrative exhibit referenced (e.g., by slide or screen number) to ensure
`
`the clarity and accuracy of the reporter’s transcript, and to ensure that a
`
`remote judges can follow the argument even if the video connection is
`
`disrupted. The parties are requested to speak directly into the microphone,
`
`including during initial introduction of counsel.
`
`The Board expects lead counsel for each party to be present in person
`
`at the hearing. If a party anticipates 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 counsel of record, however, may present
`
`the party’s argument. A party’s argument may be divided, but interruptions
`
`for change of counsel should be kept to a minimum.
`
`Petitioner has requested “permission to use audio/visual equipment to
`
`display demonstratives and exhibits.” Paper 17, 1. Requests for special
`
`3
`
`
`
`IPR2014-01175
`Patent 6,968,884 B2
`
`equipment will not be honored unless presented in a separate communication
`
`directed to Trials@uspto.gov not less than five days before the hearing. If
`
`the request is not received timely, the equipment may not be available on the
`
`day of the hearing.
`
`Accordingly, it is
`
`ORDERED that oral argument for this proceeding shall take place
`
`beginning at 1:30 pm Eastern Time on October 20, 2015, on the ninth floor
`
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2014-01175
`Patent 6,968,884 B2
`
`
`
`PETITIONER:
`
`Bing Ai
`Kourtney Mueller
`Perkins Coie LLP
`Ai-ptab@perkinscoie.com
`KMerrill@perkinscoie.com
`
`PATENT OWNER:
`
`Kristopher Reed
`Darin Gibby
`Kilpatrick Townsend & Stockton LLP
`HD-Norman-IPR@kilpatricktownsend.com
`dgibby@kilpatricktownsend.com:
`
`5
`
`
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