`571.272.7822
`
`
`Paper No. 83
`Filed: March 1, 2016
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`DAICEL CORPORATION,
`Petitioner,
`
`v.
`
`
`
`CELANESE INTERNATIONAL CORPORATION,
`Patent Owner.
`_______________
`
`Cases IPR2015-00170, IPR2015-00171, IPR2015-00173
`Patent 8,076,507 B2
`_______________
`
`Before LINDA M. GAUDETTE, CHRISTOPHER L. CRUMBLEY, and
`JON B. TORNQUIST, Administrative Patent Judges.
`
`GAUDETTE, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-00170, IPR2015-00171, IPR2015-00173
`Patent 8,076,507 B2
`
`
`
`Petitioner and Patent Owner filed requests for a combined oral
`argument in IPR2015-00170, IPR2015-00171, and IPR2015-00173.
`IPR2015-00170, Papers 78 and 82; IPR2015-00171, Papers 69 and 73;
`IPR2015-00173, Papers 72 and 75.1 The requests are granted.
`Oral argument will commence at 1:30 pm Eastern Time on March 29,
`2016, on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia. Each party requests an hour of total argument time, for
`the three proceedings combined. Paper 78, 2; Paper 82, 2. Accordingly,
`each party is allotted one hour of 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.
`35 U.S.C. § 316(e).
`The Board will provide a court reporter for the hearing, and the
`reporter’s transcript will constitute the official record of the hearing.
`Although the Board has granted various Motions to Seal in this proceeding,
`neither party has requested that the hearing be closed to the public or
`otherwise indicated the need to discuss any confidential information during
`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. The Board requests that such
`
`1For convenience, this Order references the papers filed in IPR2015-00170.
`
`
`
`2
`
`
`
`IPR2015-00170, IPR2015-00171, IPR2015-00173
`Patent 8,076,507 B2
`
`
`
`exhibits be filed 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 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 Board
`asks the parties to confine demonstrative exhibit objections to those
`identifying egregious violations that are prejudicial to the administration of
`justice.
`At least one member 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 the
`remote judge(s) 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.
`
`
`
`3
`
`
`
`IPR2015-00170, IPR2015-00171, IPR2015-00173
`Patent 8,076,507 B2
`
`
`
`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.
`Both Petitioner and Patent Owner request the use of audio/visual
`equipment to display demonstrative exhibits, including a projector and screen
`for PowerPoint display. Paper 78, 3; Paper 82, 3. Requests for special
`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 March 29, 2016, on the ninth floor of
`Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`
`4
`
`
`
`
`
`
`
`IPR2015-00170, IPR2015-00171, IPR2015-00173
`Patent 8,076,507 B2
`
`
`
`
`
`
`
`PETITIONER:
`
`Michael Houston
`Jeffrey R. Lomprey
`George C. Beck
`FOLEY & LARDNER LLP
`daicel_ipr@foley.com
`
`
`
`PATENT OWNER:
`
`Justin L. Krieger
`Joshua B. Pond
`Troy A. Peterson
`KILPATRICK TOWNSEND & STOCKTON LLP
`jkrieger@kilpatricktownsend.com
`jpond@kilpatricktownsend.com
`tpetersen@kilpatricktownsend.com
`
`5