`Tel: 571-272-7822
`
`Paper 21
`Entered: May 26, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MEDSHAPE, INC.,
`Petitioner,
`
`v.
`
`CAYENNE MEDICAL, INC.,
`Patent Owner.
`
`Cases IPR2015-00847 and IPR2015-00848
`Patents 7,651,528 B2 and 8,435,294 B2
`
`Before JAMES P. CALVE, MITCHELL G. WEATHERLY, and
`JAMES A. TARTAL, Administrative Patent Judges.
`
`WEATHERLY, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Inter partes reviews IPR2015-00847 and -00848 were instituted on
`September 14, 2015. Paper 9 (IPR2015-00847 and -00848). In our
`Scheduling Order, we set the date for oral hearing to June 9, 2016, if a
`hearing were requested by the parties and granted by the Board. Paper 10, 8
`(IPR2015-00847 and -00848).
`
`
`
`IPR2015-00847 and IPR2015-00848
`Patents 7,651,528 B2 and 8,435,294 B2
`
`Both parties have requested oral hearing pursuant to 37 C.F.R.
`§ 42.70. Papers 16 and 17 (IPR2015-00847); Papers 17 and 18 (IPR2015-
`00848). Petitioner’s and Patent Owner’s requests for oral hearing are
`granted. Each party will have one hour to present arguments.
`Petitioner bears the ultimate burden of proof that Patent Owner’s
`claims at issue in this review are unpatentable. Petitioner will open the
`hearing by presenting its case regarding the challenged claims for which the
`Board instituted trial. Patent Owner will then respond to Petitioner’s
`argument. Petitioner may reserve time to respond to arguments presented by
`Patent Owner.
`The hearing will commence at 1:30 P.M. EDT, on June 9, 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. The
`hearing will be open to the public for in-person attendance that will be
`accommodated on a first-come, first-served basis.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least five business days before the hearing and filed at the Board at least two
`business days before the hearing. Filing of demonstrative exhibits shall
`occur by submitting the exhibits via e-mail directed to Trials@uspto.gov and
`not by submitting them via the PRPS. The parties are directed to CBS
`Interactive Inc. v. Helferich Patent Licensing LLC, IPR2013-00033 (PTAB
`Oct. 23, 2013) (Paper 118) as being informative of the standards by which
`they should formulate their demonstrative exhibits. The parties must initiate
`a conference call with the Board at least two business days before the
`hearing to present any objection regarding the propriety of any
`
`2
`
`
`
`IPR2015-00847 and IPR2015-00848
`Patents 7,651,528 B2 and 8,435,294 B2
`
`demonstrative exhibit. Any objection to demonstrative exhibits that is not
`timely presented will be considered waived.
`Requests for audio-visual equipment are to be made no later than five
`days in advance of the hearing date. Any such request should 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 Board expects lead counsel for each party to be present in person
`at the oral hearing. However, lead or backup counsel 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.
`
`3
`
`
`
`IPR2015-00847 and IPR2015-00848
`Patents 7,651,528 B2 and 8,435,294 B2
`
`PETITIONER:
`
`Anthony E. Bennett
`James F. Harrington
`HOFFMANN & BARON, LLP
`aebdocket@hbiplaw.com
`jharrington@hbiplaw.com
`
`PATENT OWNER:
`
`Christy G. Lea
`Joseph F. Jennings
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`Christy.Lea@knobbe.com
`Joe.Jennings@knobbe.com
`
`4
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