`571-272-7822
`
`Paper 23
`Date: March 8, 2016
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`BAXTER INTERNATIONAL INC.,
`Petitioner,
`
`v.
`
`BECTON, DICKINSON AND COMPANY,
`Patent Owner.
`_________
`
`
`Case IPR2015‐00883
`
`Patent 8,374,887 B1
`____________
`
`
`Before MICHAEL W. KIM, ERICA A. FRANKLIN, and JAMES A. WORTH,
`Administrative Patent Judges.
`
`KIM, Administrative Patent Judge.
`
`
`
`
`
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Baxter International Inc. (“Petitioner”) and Becton, Dickinson and Company
`(“Patent Owner”) each request oral hearing pursuant to 37 C.F.R. § 42.70. Papers
`21, 22. Upon consideration, the requests for oral hearing are granted. Oral
`argument shall commence at 2:00 pm Eastern Time on April 6, 2016, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
`
`
`Case IPR2015‐00883
`
`Patent 8,374,887 B1
`
`
`Each party will have sixty (60) minutes of total time to present arguments.
`Petitioner bears the ultimate burden of proof that the claims at issue are
`unpatentable. Therefore, Petitioner will open the hearing by presenting its case
`regarding the challenged claims for which the Board instituted trial. Patent Owner
`then will have the entirety of their allotted time to respond to Petitioner’s
`presentation. Petitioner may reserve rebuttal time to respond to Patent Owner’s
`arguments.
`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. For planning purposes, it is not required, but it would be
`greatly appreciated, if the parties could indicate to the Board by email
`to Trials@uspto.gov approximately how many people they expect to be present at
`the hearing for each side.
`At least five (5) business days prior to the hearing, each party shall serve on
`the other party any demonstrative exhibit(s) it intends to use during the hearing.
`See 37 C.F.R. § 42.70(b). The parties should attempt to work out any objections to
`demonstratives prior to involving the Board. At least two (2) business days prior
`to the hearing, the parties shall file the demonstrative exhibits with the Board. See
`id. 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), for guidance regarding the appropriate content of
`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 demonstrative exhibit. Any objection to demonstrative exhibits
`that is not timely presented will be considered waived. The Board asks the parties
`
`2
`
`
`
`
`Case IPR2015‐00883
`
`Patent 8,374,887 B1
`
`to confine demonstrative exhibit objections to those identifying egregious
`violations that are prejudicial to the administration of justice.
`The parties are reminded that each 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.
`The parties also should note that at least one member of the panel may be attending
`the hearing electronically from a remote location, and that if a demonstrative is not
`filed or otherwise made fully available or visible to the judge presiding over the
`hearing, that demonstrative will not be considered. If the parties have questions as
`to whether demonstrative exhibits would be sufficiently visible and available to all
`of the judges, the parties are invited to contact the Board at (571) 272-9797.
`The Board expects lead counsel for each party to be present in person at the
`hearing. If a 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. Any
`counsel of record, however, may present the party’s argument.
`Requests for audio-visual equipment are to be made at least five business
`days in advance of the hearing date by sending the request to Trials@uspto.gov. If
`the request is not received timely, the equipment may not be available on the day
`of the hearing.
`
`
`
`
`
`3
`
`
`
`
`4
`
`
`Case IPR2015‐00883
`
`Patent 8,374,887 B1
`
`For Petitioner:
`
`Sanjay K. Murthy
`Benjamin E. Weed
`K&L GATES LLP
`sanjay.murthy@klgates.com
`benjamin.weed@klgates.com
`
`
`
`For Patent Owner:
`
`Kirk Miles
`Ryan Miller
`Christian Ehret
`Brian Jackson
`THE WEBB LAW FIRM
`kmiles@webblaw.com
`rmiller@webblaw.com
`cehret@webblaw.com
`bjackson@webblaw.com
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