Trials@uspto.gov
`571-272-7822
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`Paper No. 13
`Entered: March 25, 2016
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`
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NANOCO TECHNOLOGIES, LTD.,
`Petitioner,
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`____________
`
`Case IPR2015-00528
`Patent 6,322,901 C1
`____________
`
`
`Before DONNA M. PRAISS, LYNNE E. PETTIGREW, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`Before DONNA M. PRAISS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`571-272-7822
`
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`
`
`
`
`
`
`Paper No. 13
`Entered: March 25, 2016
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`NANOCO TECHNOLOGIES, LTD.,
`Petitioner,
`
`v.
`
`MASSACHUSETTS INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`____________
`
`Case IPR2015-00528
`Patent 6,322,901 C1
`____________
`
`
`Before DONNA M. PRAISS, LYNNE E. PETTIGREW, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`Before DONNA M. PRAISS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-00528
`Patent 6,322,901 C1
`
`Patent Owner and Petitioner each requested oral hearing pursuant to
`37 C.F.R. § 42.70 in these proceedings. Papers 11, 12. Upon consideration,
`the requests for oral hearing are granted.
`Each party will have thirty (30) minutes of total time to present
`arguments. Petitioner bears the ultimate burden of proof that Patent
`Owner’s claims at issue in this review are unpatentable. Therefore,
`Petitioner will open the hearing by presenting its case regarding the
`challenged claims for which the Board instituted trial. Patent Owner will
`then respond to Petitioner’s arguments. Petitioner may reserve rebuttal time
`to respond to arguments presented by Patent Owner.
`Oral argument shall commence at 10:00 AM Eastern Daylight Time
`on April 20, 2016, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia, and it will be open to the public for in-person
`attendance. In-person attendance will be accommodated on a first-come,
`first-served basis. For planning purposes, it would be greatly appreciated if
`the parties could indicate to the Board by email to Trials@uspto.gov
`approximately how many people they expect to be present at the hearing for
`each side.
`The Board will provide a court reporter, and the transcript shall
`constitute the official record of the hearing. Under 37 C.F.R. § 42.70(b),
`demonstrative exhibits, if any, must be served no later than five business
`days before the hearing. The parties are directed to St. Jude Medical,
`Cardiology Division, Inc. v. The Board of Regents of the University of
`Michigan, Case IPR2013-00041 (PTAB Jan. 27, 2014) (Paper 65), for
`
`2
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`IPR2015-00528
`Patent 6,322,901 C1
`
`guidance regarding the appropriate content of demonstrative exhibits. See
`also CBS Interactive Inc. v. Helferich Patent Licensing, LLC, Case
`IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) (The Board has
`discretion to limit the parties’ demonstratives to pages in the record should
`there be no easy resolution to objections over demonstratives.).
`The Board expects that the parties will meet and confer in good faith
`to resolve any objections to demonstrative exhibits, but if such objections
`cannot be resolved, the parties may file any objections to demonstratives
`with the Board at least two business days before the hearing. The objections
`should identify with particularity which portions of the demonstrative
`exhibits are subject to objection, include a copy of the objected-to portions,
`and include a one-sentence statement of the reason for each objection. No
`argument or further explanation is permitted. The Board will consider any
`objections and schedule a conference call if deemed necessary. Otherwise,
`the Board will reserve ruling on the objections. Any objection to
`demonstrative exhibits that is not timely presented will be considered
`waived. Demonstratives should be filed at the Board no later than two days
`before the hearing. 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
`are to be made no later than 5 days in advance of the hearing date. The
`request is to be sent directly to Trials@uspto.gov. If the request is not
`received timely, the equipment may not be available on the day of the
`
`3
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`IPR2015-00528
`Patent 6,322,901 C1
`
`hearing. 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.
`The parties also 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 filed or otherwise made fully available or visible to the
`judge presiding over the hearing remotely, that demonstrative will not be
`considered. If the parties have questions as to whether demonstrative
`exhibits would be sufficiently visible to all of the judges, the parties are
`invited to contact the Board at 571-272-9797. Documents presented on the
`Elmo projector are not visible to remote judges, so please plan accordingly.
`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 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.
`
`In light of the foregoing, it is:
`ORDERED that oral hearing, conducted pursuant to the procedures
`outlined above, shall commence at 10:00 AM Eastern Daylight Time on
`April 20, 2016.
`
`
`4
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`
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`IPR2015-00528
`Patent 6,322,901 C1
`
`FOR PETITIONER:
`Russell T. Wong
`James H. Hall
`Scott Reese
`BLANK ROME, LLP
`NanocoIPR@blankrome.com
`jhall@blankrome.com
`scott@lewisreese.com
`
`
`FOR PATENT OWNER:
`Harold H. Fox
`John L. Abramic
`STEPTOE &JOHNSON LLP
`hfox@steptoe.com
`528IPR@steptoe.com
`
`
`
`5
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