Trials@uspto.gov
`Tel: 571-272-7822
`
`
`Paper 45
`Entered: March 22, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`PRAXAIR DISTRIBUTION, INC.,
`Petitioner,
`v.
`INO THERAPEUTICS LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-00529
`Patent 8,846,112 B2
`_______________
`
`
`
`
`Before LORA M. GREEN, TINA E. HULSE,
`and ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`The Scheduling Order (Paper 13) for these proceedings provided that an oral
`hearing would be conducted if the hearing is requested by the parties and granted
`by the Board. Patent Owner and Petitioner requested oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 40, 41. The requests are granted.
`Each side will have 45 minutes to present argument. Petitioner bears the
`ultimate burden of proof that Patent Owner’s claims at issue are unpatentable.
`Thus, Petitioner will open the hearing by presenting its case regarding the
`
`
`Tel: 571-272-7822
`
`
`Paper 45
`Entered: March 22, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`PRAXAIR DISTRIBUTION, INC.,
`Petitioner,
`v.
`INO THERAPEUTICS LLC,
`Patent Owner.
`_______________
`
`Case IPR2015-00529
`Patent 8,846,112 B2
`_______________
`
`
`
`
`Before LORA M. GREEN, TINA E. HULSE,
`and ROBERT A. POLLOCK, Administrative Patent Judges.
`
`POLLOCK, Administrative Patent Judge.
`
`
`
`ORDER
`Requests for Oral Argument
`37 C.F.R. § 42.70
`
`
`
`The Scheduling Order (Paper 13) for these proceedings provided that an oral
`hearing would be conducted if the hearing is requested by the parties and granted
`by the Board. Patent Owner and Petitioner requested oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 40, 41. The requests are granted.
`Each side will have 45 minutes to present argument. Petitioner bears the
`ultimate burden of proof that Patent Owner’s claims at issue are unpatentable.
`Thus, Petitioner will open the hearing by presenting its case regarding the
`
`
`
`IPR2015-00529
`Patent 8,846,112 B2
`
`challenged claims for which we instituted trial. Petitioner may reserve some of its
`argument time for rebuttal. Thereafter, Patent Owner will respond to Petitioner’s
`presentation. Petitioner may then use the time it has reserved to reply to Patent
`Owner’s presentation.
`The hearing will commence at 1:00 PM on Tuesday, March 29, 2016, on the
`ninth floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`The Board will provide a court reporter for the hearing and the reporter’s transcript
`will constitute the official record of the hearing and will be entered in the record of
`each proceeding. The hearing will be open to the public for in-person attendance
`that 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. Notwithstanding 37 C.F.R. § 42.70(b),
`the parties shall not file any demonstrative exhibits in this proceeding without prior
`authorization from the Board. 37 C.F.R. § 42.5(b). Demonstrative exhibits are
`intended to be visual aids to assist a party in making its oral presentation and will
`not be entered into the record of these proceedings. The parties shall, however,
`provide a courtesy copy of any demonstrative exhibits to the Board no later than
`three business days before the hearing by emailing them to Trials@uspto.gov.
`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
`
` 2
`
`
`
`
`
`
`
`IPR2015-00529
`Patent 8,846,112 B2
`
`exhibits are subject to objection and include a short statement (no more than one
`sentence) 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. See CBS Interactive Inc. v. Helferich Patent Licensing, LLC,
`Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper 118) (stating that the Board
`has the discretion to limit the parties’ demonstratives to pages in the record should
`there be no easy resolution to objections over demonstratives). 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 advised that at least one member of the panel will be
`attending the hearing from a remote location. 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 the judge participating
`remotely to follow the presenter’s arguments.
`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 audiovisual equipment should be directed to
`Trials@uspto.gov. We note that both parties have requested audio-visual
`equipment for their respective presentations. (Paper 40, 2; Paper 41, 2). The
`
` 3
`
`
`
`
`
`
`
`IPR2015-00529
`Patent 8,846,112 B2
`
`parties must submit any such request for special equipment in a separate
`communication not less than five days before the hearing, directed to the above
`email address.
`
`PETITIONER:
`
`Sanjay K. Murthy
`Maria Doukas
`Sara Kerrane
`Margaux Nair
`K&L GATES LLP
`sanjay.murthy@klgates.com
`maria.doukas@klgates.com
`Sara.kerrane@klgates.com
`margaux.nair@klgates.com
`
`
`
`PATENT OWNER:
`
`Robert Steinberg
`Daniel G. Brown
`LATHAM & WATKINS LLP
`bob.steinberg@lw.com
`daniel.brown@lw.com
`
`
`
`
` 4
`
`
`
`
`
`
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