`Tel: 571-272-7822
`
`Paper 29
`Entered: February 9, 2016
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`WRIGHT MEDICAL TECHNOLOGY, INC.,
`Petitioner,
`
`v.
`
`BIOMEDICAL ENTERPRISES, INC.,
`Patent Owner.
`
`Case IPR2015-00786
`Patent 8,584,853 B2
`
`
`
`Before MEREDITH C. PETRAVICK, JEREMY M. PLENZLER, and
`TIMOTHY J. GOODSON, Administrative Patent Judges.
`
`PLENZLER, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`
`
`IPR2015-00786
`Patent 8,584,853 B2
`
`
`In the Revised Scheduling Order dated September 17, 2015 (Paper
`10), oral argument was scheduled to be held on February 17, 2016, if
`requested by the parties. On February 4, 2016, Patent Owner requested oral
`argument (Paper 24), and on February 5, 2016 Petitioner requested oral
`argument (Paper 25). The requests are granted.
`Each party will have thirty minutes to present argument. The oral
`argument will commence at 2:00 PM Eastern Time, on Wednesday,
`February 17, 2016. The Board will provide a court reporter for the oral
`argument and the reporter’s transcript will constitute the official record of
`the oral argument. The hearing transcript will be entered in the record of
`this proceeding.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`patent claims at issue are unpatentable. Therefore, at oral argument,
`Petitioner will proceed first to present its case with respect to the challenged
`patent claims and grounds with respect to which the Board instituted trial.
`Petitioner may reserve rebuttal time to respond to Patent Owner’s argument.
`Patent Owner will respond to Petitioner’s initial presentation, having
`available to it the entirety of its allotted argument time. Thereafter,
`Petitioner may use the time it has reserved to rebut Patent Owner’s
`presentation.
`The oral argument will be open to the public for in-person attendance,
`on the ninth floor of Madison Building East, 600 Dulany Street, Alexandria,
`Virginia 22314. In-person attendance will be accommodated on a first-
`come, first-served basis. At least one member of the panel will be attending
`the oral argument remotely by use of two-way audio-visual communication
`equipment.
`
`2
`
`
`
`IPR2015-00786
`Patent 8,584,853 B2
`
`
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`five business days before the hearing. 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 parties shall not file any demonstrative exhibits in this proceeding
`without prior authorization from the Board. For guidance on what
`constitutes an appropriate demonstrative exhibit, the parties are directed to
`Paper 118 in CBS Interactive Inc. v. Wireless Sciences LLC, IPR2013-00033
`(PTAB October 23, 2013). No live testimony from any witness will be
`taken at the oral argument.
`The Board expects lead counsel for each party to be present at oral
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part.
`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.
`
`
`
`
`3
`
`
`
`IPR2015-00786
`Patent 8,584,853 B2
`
`PETITIONER:
`
`Patrick D. McPherson
`PDMcPherson@duanemorris.com
`
`Samuel W. Apicelli
`swapicelli@duanemorris.com
`
`PATENT OWNER:
`
`David M. Hoffman
`IPR22484-0004IP1@fr.com
`
`4
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