`Date: March 16, 2016
`
`
`
`
`
`
`Trials@uspto.gov
`571-272-7822
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`US ENDODONTICS, LLC,
`Petitioner,
`
`v.
`
`GOLD STANDARD INSTRUMENTS, LLC
`Patent Owner.
`____________
`
`Case IPR2015-00632
`Patent 8,727,773 B2
`____________
`
`Before JOSIAH C. COCKS, HYUN J. JUNG, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`COCKS, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`
`
`IPR2015-00632
`Patent 8,727,773 B2
`
`
`
`
`
`As set forth in the Scheduling Order (Paper 30), oral argument, if requested,
`is scheduled for April 5, 2016 in connection with this proceeding. Both parties
`have requested oral argument. Papers 60, 61. The requests are granted.
`
`Oral argument will commence at 2:00 PM ET on April 5, 2016. The hearing
`will be conducted on the ninth floor of Madison Building East, 600 Dulany Street,
`Alexandria, Virginia 22314. The hearing will be open to the public for in-person
`attendance, which will be accommodated on a first-come, first-served basis. The
`Board will provide a court reporter for the hearing, and the reporter’s transcript
`will constitute the official record of the hearing.
`
`Each party will have forty-five (45) minutes of total argument time.
`Petitioner bears the ultimate burden of proof that the claims at issue in this review
`are unpatentable. Therefore, at oral hearing Petitioner will proceed first to present
`its case with regard to the challenged claims on which basis we instituted trial.
`Petitioner may reserve rebuttal time. Thereafter, Patent Owner will argue its
`opposition to Petitioner’s case. Petitioner may use any time Petitioner reserved to
`rebut Patent Owner’s opposition.
`
`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
`5 days in advance of the hearing date. The request is to be sent
`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.
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served five
`business days prior to the hearing. The parties are further directed to request a
`
`2
`
`
`
`
`
`
`IPR2015-00632
`Patent 8,727,773 B2
`
`
`conference call with the Board no later than three business days prior to the
`hearing to resolve any dispute over the propriety of each party’s demonstrative
`exhibits, and to file demonstrative exhibits two business days prior to the hearing.
`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 presented timely will be considered waived. The parties may
`refer to CBS Interactive Inc. v. Helferich Patent Licensing, LLC, IPR2013-00033
`(PTAB October 23, 2013) (Paper 118), and St. Jude Medical, Cardiology Div., Inc.
`v. The Board of Regents of the University of Michigan, IPR2013-00041 (PTAB
`Jan. 27, 2014) (Paper 65) regarding the appropriate content of demonstrative
`exhibits.
`
`The Board expects lead counsel for each party to be present in person at the
`oral hearing. Lead or backup counsel, however, may present the party’s argument.
`If either party anticipates that its lead counsel will not be attending the oral
`argument, the parties should request a joint telephone conference with the Board
`no later than two business days prior to the oral hearing to discuss the matter.
`
`It is
`
`ORDERED that oral argument will commence at 2 PM ET on April 5, 2016.
`
`3
`
`
`
`
`
`
`
`
`
`
`4
`
`
`IPR2015-00632
`Patent 8,727,773 B2
`
`For PETITIONER:
`
`Jeffrey S. Ginsberg, Esq.
`jginsberg@pbwt.com
`
`Abhishek Bapna, Esq
`abapna@pbwt.com
`
`
`
`For PATENT OWNER:
`Joseph Hynds
`jhynds@rfem.com
`
`Jason Nolan
`jnolan@rfem.com
`
`Christine Gifford
`ngifford@rfem.com
`
`Randy Brenner-Leifer
`Ebrenner@rothwellfigg.com
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