Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`Paper 29
`Date: October 5, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`STRYKER CORPORATION,
`Petitioner,
`
`v.
`
`ORTHOPHOENIX, LLC,
`Patent Owner.
`____________
`
` Case IPR2014-01433 (Patent 6,241,734 B1)
`Case IPR2014-01434 (Patent 7,153,307 B2)
`____________
`
`
`Before JOSIAH C. COCKS, RICHARD E. RICE, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`RICE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Pursuant to the Revised Scheduling Orders in these related cases, oral
`argument is to be held on November 4, 2015, if requested by the parties.
`
`
`
`
`
`
`571-272-7822
`
`
`
`
`
`Paper 29
`Date: October 5, 2015
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`
`
`STRYKER CORPORATION,
`Petitioner,
`
`v.
`
`ORTHOPHOENIX, LLC,
`Patent Owner.
`____________
`
` Case IPR2014-01433 (Patent 6,241,734 B1)
`Case IPR2014-01434 (Patent 7,153,307 B2)
`____________
`
`
`Before JOSIAH C. COCKS, RICHARD E. RICE, and
`SCOTT A. DANIELS, Administrative Patent Judges.
`
`RICE, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Pursuant to the Revised Scheduling Orders in these related cases, oral
`argument is to be held on November 4, 2015, if requested by the parties.
`
`
`
`
`
`
`
`IPR2014-01433 (Patent 6,241,734 B1)
`IPR2014-01434 (Patent 7,153,307 B2)
`
`Paper 13.1 Both parties have requested oral argument in these cases. Papers
`27, 28. The requests are granted.
`The oral argument will commence at 9:30 AM Eastern Time, on
`Wednesday, November 4, 2015, on the ninth floor of Madison Building
`East, 600 Dulany Street, Alexandria, Virginia 22314.
`Each party will have 60 minutes to present arguments and may
`determine for itself how to divide the time between the two cases. Petitioner
`bears the ultimate burden of proof that Patent Owner’s patent claims at issue
`are unpatentable. Therefore, at oral argument, Petitioner will proceed first to
`present its case with respect to the challenged patent claims and the ground
`on which the Board instituted trial. Petitioner may reserve some of its
`argument time for rebuttal. Patent Owner will then respond to Petitioner’s
`initial presentation. Finally, Petitioner may use the time it has reserved to
`reply to Patent Owner’s presentation.
`The Board will provide a court reporter for the oral argument, and the
`reporter’s transcript will constitute the official record of the oral argument.
`The hearing transcript will be entered in the record of this proceeding. The
`oral argument will be open to the public for in-person attendance, which will
`be accommodated on a first-come, first-served basis.
`The parties shall serve any demonstrative exhibits on opposing
`counsel at least five business days before the hearing. The parties shall also
`provide a courtesy copy of any demonstrative exhibits to the Board no later
`than two business days before the hearing by emailing them to
`
`1 Paper numbers refer to papers filed in IPR2014-01433. Similar papers
`were filed in IPR2014-01434
`
`
`
`IPR2014-01433 (Patent 6,241,734 B1)
`IPR2014-01434 (Patent 7,153,307 B2)
`
`Trials@uspto.gov. The parties shall not file any demonstrative exhibits in
`this proceeding without prior authorization from the Board.
`The parties are directed to St. Jude Medical, Cardiology Division, Inc.
`v. The Board of Regents of the University of Michigan, IPR2013-00041
`(PTAB Jan. 27, 2014) (Paper 65), for guidance regarding the appropriate
`content of demonstrative exhibits. The parties shall confer with each other
`regarding any objections to demonstrative exhibits. For any issue that
`cannot be resolved after conferring, the parties may each file a one-page list
`of objections at least three business days before the hearing. The list should
`identify with particularity which demonstrative exhibits are subject to
`objection and include a short 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. Any objection to demonstrative
`exhibits that is not timely presented will be considered waived.
`The parties are reminded that the presenter must identify clearly and
`specifically each demonstrative exhibit (e.g., by slide or screen number)
`referenced during the hearing to ensure the clarity and accuracy of the
`reporter’s transcript (and the ability of any judge participating remotely to
`follow the presenter’s arguments).
`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
`oral hearing, the Board should be notified via a joint telephone conference
`
`
`
`IPR2014-01433 (Patent 6,241,734 B1)
`IPR2014-01434 (Patent 7,153,307 B2)
`
`call no later than two business days before the oral hearing to discuss the
`matter.
`The parties may request the use of audio-visual equipment during the
`oral hearing. Formal requests are to be made five business days in advance
`of the hearing date and should be sent to Trials@uspto.gov. If the request is
`not timely, the equipment may not be available on the day of the hearing.
`It is
`ORDERED that oral argument will commence at 9:30 AM ET on
`November 4, 2015.
`
`
`
`
`
`
`
`
`IPR2014-01433 (Patent 6,241,734 B1)
`IPR2014-01434 (Patent 7,153,307 B2)
`
`For Petitioner:
`
`Sandra Frantzen
`sfrantzen@mcandrews-ip.com
`
`Deborah Laughton
`dlaughton@mcandrews-ip.com
`
`For Patent Owner:
`
`Tarek Fahmi
`tarek.fahmi@ascendalaw.com
`
`Michael Davitz
`michael.davitz@ascendalaw.com
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