`Tel: 571-272-7822
`
`Paper 39
`Entered: July 28, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MEYER PRODUCTS, LLC,
`Petitioner,
`
`v.
`
`DOUGLAS DYNAMICS, L.L.C.,
`Patent Owner.
`
`Case IPR2015-01247
`Patent 6,928,757 B2
`
`
`Before MICHAEL W. KIM and JAMES A. WORTH,
`Administrative Patent Judges.
`
`WORTH, Administrative Patent Judge.
`
`
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`Douglas Dynamics, L.L.C. (“Patent Owner”) requests oral hearing
`pursuant to 37 C.F.R. § 42.70(a). Paper 33. Meyer Products, LLC
`(“Petitioner”) requests the right to appear at the oral hearing if the Board
`grants Patent Owner’s request. Paper 35. Upon consideration, the requests
`with respect to oral hearing are granted as follows. Oral argument shall
`commence at 9:30 am Eastern Time on August 11, 2016, on the ninth floor
`
`
`
`IPR2015-01247
`Patent 6,928,757 B2
`
`of Madison Building East, 600 Dulany Street, Alexandria, Virginia. Each
`party will have forty-five (45) 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 its 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.
`
`2
`
`
`
`IPR2015-01247
`Patent 6,928,757 B2
`
`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 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 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
`
`
`
`IPR2015-01247
`Patent 6,928,757 B2
`
`PETITIONER:
`
`John M. Skeriotis
`Sergey Vernyuk
`EMERSON THOMSON BENNETT, LLC
`iplaw@etblaw.com
`sv@etblaw.com
`
`Steven M. Auvil
`SQUIRE PATTON BOGGS (US) LLP
`steven.auvil@squirepb.com
`
`
`
`
`
`PATENT OWNER:
`
`
`Aaron T. Olejniczak
`Christopher R. Liro
`Edward R. Williams
`ANDRUS INTELLECTUAL PROPERTY LAW, LLP
`aarono@andruslaw.com
`chris.liro@andruslaw.com
`ewilliams@andruslaw.com
`
`4
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