`571-272-7822
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`Paper No. 15
`Entered: March 25, 2016
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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 IPR2015-00532
`Patent 6,501,091 B1
`____________
`
`
`Before DONNA M. PRAISS, LYNNE E. PETTIGREW, and
`JO-ANNE M. KOKOSKI, Administrative Patent Judges.
`
`KOKOSKI, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`
`
`IPR2015-00532
`Patent 6,501,091 B1
`
`Patent Owner and Petitioner each requested oral hearing pursuant to
`37 C.F.R. § 42.70. Papers 13, 14. The requests for oral hearing are granted.
`Each party will have 30 minutes of total time to present arguments.
`Petitioner bears the ultimate burden of proof that the patent claims at issue in
`this review are unpatentable. Therefore, Petitioner will proceed first to
`present its case with regard to the challenged claims on which basis we
`instituted trial. Thereafter, Patent Owner will respond to Petitioner’s
`arguments. Petitioner may reserve rebuttal time to respond to arguments
`presented by Patent Owner.
`Oral argument shall commence on April 20, 2016, immediately
`following the conclusion for the hearing for Case IPR2015-00528, which
`will begin at 10:00 am EDT. The hearing will be open to the public for in-
`person attendance on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, VA. In-person attendance will be accommodated on a
`first-come, first-served basis.
`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
`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
`
`2
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`
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`IPR2015-00532
`Patent 6,501,091 B1
`
`discretion to limit the parties’ demonstratives to pages in the record should
`there be no easy resolution to objections over demonstratives.).
`Any issue regarding demonstrative exhibits should be resolved at least
`two business days prior to the hearing by way of a joint telephone
`conference with the Board. The parties are responsible for requesting such a
`conference sufficiently in advance of the hearing to accommodate this
`requirement. 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
`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
`
`3
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`IPR2015-00532
`Patent 6,501,091 B1
`
`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.
`
`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
`jabramic@steptoe.com
`532IPR@steptoe.com
`
`
`4
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