`571-272-7822
` Date Entered: January 11, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ALLSTEEL INC.,
`Petitioner,
`v.
`DIRTT ENVIRONMENTAL SOLUTIONS LTD.,
`Patent Owner.
`____________
`
`Case IPR2015-01691
`Patent 8,024,901 B2
`____________
`
`Before SALLY C. MEDLEY, SCOTT A. DANIELS, and
`JACQUELINE T. HARLOW, Administrative Patent Judges.
`
`MEDLEY, Administrative Patent Judge.
`
`
`
`
`
`ORDER
`Trial Hearing
` 35 U.S.C. § 316(a)(10)
`
`Both parties request a hearing in this case regarding newly instituted
`claims 8, 11, 13, and 21–23 pursuant to 37 C.F.R. § 42.70. Papers 54, 55.
`The requests are granted.
`The hearing will commence at 1:00 PM Eastern Time on February 15,
`2019, and it will be open to the public for in-person attendance, on the ninth
`floor of Madison Building East, 600 Dulany Street, Alexandria, Virginia.
`
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`IPR2015-01691
`Patent 8,024,901 B2
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`In-person attendance will be accommodated on a first-come first-served
`basis. The Board will provide a court reporter for the hearing and the
`reporter’s transcript will constitute the official record of the hearing.
`Based on the record of this proceeding, each party will have thirty
`(30) minutes total time to present arguments for claims 8, 11, 13, and 21–
`23.1 Petitioner will proceed first to present its case with respect to claims 8,
`11, 13, and 21–23. Thereafter, Patent Owner will respond to Petitioner’s
`presentation with respect to claims 8, 11, 13, and 21–23. Petitioner may
`reserve rebuttal time to respond to Patent Owner’s presentation.
`Under 37 C.F.R. § 42.70(b), demonstrative exhibits must be served
`seven business days prior to the hearing. They shall be filed at the Board
`four business days prior to the hearing. Demonstrative exhibits used at the
`oral hearing are aids to oral argument and not evidence, and should be
`clearly marked as such. For example, each slide of a demonstrative exhibit
`may be marked with the words “DEMONSTRATIVE EXHIBIT – NOT
`EVIDENCE” in the footer. Demonstrative exhibits cannot be used to
`advance arguments or introduce evidence not previously presented in the
`record. See Dell Inc. v. Acceleron, LLC, 884 F.3d 1364, 1369 (Fed. Cir.
`2018) (noting that the “Board was obligated to dismiss [the petitioner’s]
`untimely argument . . . raised for the first time during oral argument”).
`Here, due to the limited issues for hearing, we encourage the parties to limit
`the pages of its respective demonstrative exhibits to no more than twenty
`(20) pages.
`
`
`1 Petitioner does not specify an amount of time for presenting arguments.
`Paper 54. Patent Owner requests a one-hour hearing, with thirty (30)
`minutes allotted to each side. Paper 55, 1.
`2
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`IPR2015-01691
`Patent 8,024,901 B2
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`The parties should attempt to work out any objections to
`demonstratives prior to involving the Board. Should either party disagree
`with the propriety of any of the opposing party’s demonstratives, the party
`may send an email to Trials@uspto.gov three days prior to the hearing,
`identifying the opposing party’s slide(s) objected to and a brief sentence as
`to the general basis of the objection(s). The Board will then take the
`objections under advisement, and if the content is inappropriate, it will not
`be considered. Any dispute over the propriety of demonstrative exhibits that
`is not timely presented three business days prior to the hearing will be
`considered waived. The parties are directed to CBS Interactive Inc. v.
`Helferich Patent Licensing, LLC, IPR2013-00033, Paper 118 (October 23,
`2013), regarding the appropriate content of demonstrative exhibits. In
`general, if the content on a slide cannot be readily associated with an
`argument made, or evidence referenced, in a substantive paper, it is
`inappropriate. The best practice is to indicate on each slide where support
`may be found in a substantive paper and/or an exhibit of record in this
`proceeding.
`The parties are reminded that the 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 made fully available or visible to
`all judges at the hearing, that demonstrative will not be considered.
`Questions regarding specific audio-visual equipment should be directed to
`the Board at (571) 272-9797. Requests for audio-visual equipment are to be
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`IPR2015-01691
`Patent 8,024,901 B2
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`made 5 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.
`The Board expects lead counsel for each party to be present at the
`hearing, although any backup counsel may make the actual presentation, in
`whole or in part. If any lead counsel will not be in attendance at the hearing,
`the Board should be notified via a joint telephone conference call no later
`than two days prior to the hearing to discuss the matter.
`
`
`For PETITIONER:
`
`Victor Jonas
`Trevor Carter
`Nicholas Anderson
`Timothy Sullivan
`FAEGRE BAKER DANIELS
`Victor.jonas.ptab@faegrebd.com
`Trevor.carter@faegrebd.com
`Nick.anderson@faegrebd.com
`Timothy.sullivan@faegrebd.com
`
`For PATENT OWNER:
`
`Chad Nydegger
`David Todd
`Michael Frodsham
`Robert Florence
`WORKMAN NYDEGGER
`cnydegger@wnlaw.com
`dtodd@wnlaw.com
`mfrodsham@wnlaw.com
`rflorence@wnlaw.com
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