`
` Entered: April 6, 2016
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`SNF HOLDING COMPANY, FLOPAM INC.,
`CHEMTALL INCORPORATED, SNF SAS, and
`SNF (CHINA) FLOCCULANT CO. LTD.,
`Petitioner,
`
`v.
`
`BASF CORPORATION,
`Patent Owner.
`____________
`
`
`Case IPR2015-00600
`Patent 5,633,329
`____________
`
`
`Before, GRACE KARAFFA OBERMANN, JON B. TORNQUIST, and
`JEFFREY W. ABRAHAM, Administrative Patent Judges.
`
`TORNQUIST, Administrative Patent Judge.
`
`
`
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2015-00600
`Patent 5,633,329
`
`
`Patent Owner and Petitioner each request an oral hearing pursuant to
`
`37 C.F.R. § 42.70. Papers 35, 36. These requests are granted. Oral
`
`argument shall commence at 1:00 PM Eastern Time on May 5, 2016, on the
`
`9th floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`Each side will have forty-five (45) minutes to present argument.
`
`Petitioner bears the ultimate burden of proof that Patent Owner’s claims at
`
`issue are unpatentable. Therefore, Petitioner will open the hearing by
`
`presenting its case regarding the 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.
`
`
`
`The Board will provide a court reporter for the hearing and the
`
`reporter’s transcript will constitute the official record of the hearing. The
`
`hearing will be open to the public for in-person attendance that will be
`
`accommodated on a first-come, first-served basis. If the parties have any
`
`concern about disclosing confidential information, they are requested to
`
`contact the Board at least 5 days in advance of the hearing to discuss the
`
`matter.
`
`
`
`Pursuant to 37 C.F.R. § 42.70(b), demonstrative exhibits must be
`
`served on opposing counsel at least five business days before the hearing
`
`date. The parties also shall provide a courtesy copy of any demonstrative
`
`exhibits to the Board at least five business days prior to the hearing by
`
`emailing them to Trials@uspto.gov.
`
`
`
`The Board expects that the parties will meet and confer in good faith
`
`to resolve any objections to demonstrative exhibits, but if such objections
`
`2
`
`
`
`IPR2015-00600
`Patent 5,633,329
`
`cannot be resolved, the parties may file any objections to demonstratives
`
`with the Board at least two business days before the hearing. Any objection
`
`to demonstrative exhibits that is not timely presented 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 parties are
`
`directed to St. Jude Medical, Cardiology Division, Inc. v. The Board of
`
`Regents of the University of Michigan, IPR2013-00041 (PTAB January 27,
`
`2014) (Paper 65), for guidance regarding the appropriate content of
`
`demonstrative exhibits.
`
`
`
`No live testimony from any witness will be taken at the oral argument.
`
`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. Requests for special equipment will not be honored
`
`unless presented in a separate communication not less than five days before
`
`the hearing, directed to the above email address.
`
`3
`
`
`
`IPR2015-00600
`Patent 5,633,329
`
`
`
`In light of the foregoing, it is:
`
`ORDERED that the parties’ requests for oral hearing are granted
`
`subject to the conditions set forth in this Order; and
`
`FURTHER ORDERED that oral hearing, conducted pursuant to the
`
`procedures outlined above, shall commence at 1:00 PM Eastern Time on
`
`May 5, 2016.
`
`
`
`
`
`
`
`4
`
`
`
`IPR2015-00600
`Patent 5,633,329
`
`PETITIONER:
`
`James Brady
`Jonathan England
`Daniel Cardy
`BLANK ROME LLP
`jbrady@blankrome.com
`jwengland@blankrome.com
`dcardy@blankrome.com
`
`PATENT OWNER:
`
`Robert R. Riddle
`Matthew S. Gibson
`John P. Bovich
`REED SMITH LLP
`rriddle@reedsmith.com
`mgibson@reedsmith.com
`jbovich@reedsmith.com
`
`5
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