`Tel: 571-272-7822
`
`Paper 22
`Entered: July 11, 2016
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`INTERNATIONAL FLAVORS & FRAGRANCES INC.,
`Petitioner,
`
`v.
`
`ZOOMESSENCE, INC.,
`Patent Owner.
`
`Case IPR2015-01418
`Patent 8,939,388 B1
`
`Before MITCHELL G. WEATHERLY, JAMES A. TARTAL, and
`JAMES A. WORTH, Administrative Patent Judges.
`
`WORTH, Administrative Patent Judge.
`
`ORDER
`Trial Hearing
`37 C.F.R. § 42.70
`
`ZoomEssence, Inc. (“Patent Owner”) requests oral hearing pursuant to
`37 C.F.R. § 42.70(a). Paper 21. Upon consideration, the request for oral
`hearing is granted. Oral argument shall commence at 9:30 am Eastern Time
`on August 9, 2016, on the ninth floor of Madison Building East, 600 Dulany
`Street, Alexandria, Virginia. 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
`
`
`
`IPR2015-01418
`Patent 8,939,388 B1
`
`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.
`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
`
`2
`
`
`
`IPR2015-01418
`Patent 8,939,388 B1
`
`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.
`
`PETITIONER:
`
`Jane Massey Licata
`Elizabeth Quirk
`LICATA & TYRRELL P.C.
`jmlicata@licataandtyrrell.com
`Elizabeth.Quirk@iff.com
`
`
`
`PATENT OWNER:
`
`Steven J. Hultquist
`Mary B. Grant
`HULTQUIST IP
`hultquist@hultquistip.com
`mgrant@hultquistip.com
`
`3
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