Trials@uspto.gov
`571-272-7822
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`Paper: 22
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`Entered: June 1, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AKERMIN, INC.,
`Petitioner,
`
`v.
`
`CO2 SOLUTIONS INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00880
`Patent 8,329,458 B2
`____________
`
`
`
`
`
`Before MICHAEL P. TIERNEY, JON B. TORNQUIST, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`ROESEL, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`We instituted the above-identified inter partes review. Paper 10. The
`Scheduling Order set June 9, 2016, as the date for oral argument, if
`requested by the parties and granted by the Board. Paper 11. Petitioner
`requested an oral hearing pursuant to 37 C.F.R. § 42.70(a). Paper 20.
`Petitioner’s request is granted.
`
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`571-272-7822
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`Paper: 22
`
`
`Entered: June 1, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`AKERMIN, INC.,
`Petitioner,
`
`v.
`
`CO2 SOLUTIONS INC.,
`Patent Owner.
`____________
`
`Case IPR2015-00880
`Patent 8,329,458 B2
`____________
`
`
`
`
`
`Before MICHAEL P. TIERNEY, JON B. TORNQUIST, and
`ELIZABETH M. ROESEL, Administrative Patent Judges.
`
`ROESEL, Administrative Patent Judge.
`
`ORDER
`Oral Hearing
`37 C.F.R. § 42.70
`
`We instituted the above-identified inter partes review. Paper 10. The
`Scheduling Order set June 9, 2016, as the date for oral argument, if
`requested by the parties and granted by the Board. Paper 11. Petitioner
`requested an oral hearing pursuant to 37 C.F.R. § 42.70(a). Paper 20.
`Petitioner’s request is granted.
`
`
`
`IPR2015-00880
`Patent 8,329,458 B2
`
`
`The hearing will commence at 1:30 PM Eastern Time, on June 9,
`2016, and will be conducted at the USPTO Central Headquarters located in
`Alexandria, Virginia (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 that will be accommodated on a first-come first-
`serve basis.
`Each party will have 45 minutes of total time to present its arguments.
`Petitioner bears the ultimate burden of proof that the challenged claims are
`unpatentable. Therefore, Petitioner will proceed first to present its case
`regarding the challenged claims and grounds for which the Board instituted
`trial. Patent Owner will then respond to Petitioner’s arguments. Petitioner
`may reserve time to respond to arguments presented by Patent Owner.
`Patent Owner may not reserve time. No live testimony from any witness
`will be taken at the oral argument. There are no motions to amend or other
`motions to be addressed at the hearing.
`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. If lead counsel for either party will not be in attendance at
`oral hearing, the Board should be notified via a joint telephone conference
`call no later than (2) two business days prior to the oral hearing to discuss
`the matter.
`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.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served at
`least (7) seven business days before the hearing date. Any demonstrative
`
`2
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`IPR2015-00880
`Patent 8,329,458 B2
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`exhibits shall be also be filed with the Board at least (5) five business days
`prior to the hearing.
`Demonstrative exhibits are not evidence, but merely a visual aid at the
`oral arguments. Demonstrative exhibits may not introduce new evidence or
`raise new arguments, but instead, should cite to evidence in the record. 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) and CBS Interactive Inc. v. Helferich
`Patent Licensing, LLC, Case IPR2013-00033 (PTAB Oct. 23, 2013) (Paper
`118) for guidance regarding the appropriate content of demonstrative
`exhibits.
`The Board requests that the parties attempt to resolve any objections
`to the demonstratives, and if any objections cannot be resolved, the parties
`must file any such objections with the Board at least (2) 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.
`To aid in the preparation of an accurate transcript, each party shall
`provide a paper copy of any demonstratives to the court reporter on the day
`of the oral arguments. Such paper copies shall not become part of the record
`of this proceeding. The parties are reminded that the presenter must identify
`clearly and specifically each demonstrative exhibit (e.g., by slide or screen
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`3
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`IPR2015-00880
`Patent 8,329,458 B2
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`number) referenced during the hearing to ensure the clarity and accuracy of
`the reporter’s transcript.
`Requests for audio-visual equipment are to be made (5) five 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.
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`IPR2015-00880
`Patent 8,329,458 B2
`
`PETITIONER:
`Marc Vander Tuig
`Janet Hendrickson
`Kathleen Petrillo
`Robert Evans
`SENNIGER POWERS LLP
`mvandertuig@senniger.com
`jhendrickson@senniger.com
`kpetrillo@senniger.com
`revans@senniger.com
`
`PATENT OWNER:
`Sandip Patel
`Amanda Antons
`Steven Parks
`MARSHALL GERSTEIN & BORUN LLP
`spatel@marshallip.com
`aantons@marshallip.com
`sparks@marshallip.com
`
`5
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